Click image to open full size in new tab
Article Text
SUPREME COURT From Griggs County L. R. Baird, as Receiver of the Farmers State Bank of Hannaford, North Dakota, et al, Plaintiffs and Appellants vs. M. O. Wallum and Clara Wallum, his wife, Defendants and Respondents. SYLLABUS: (1) An issue of law arises upon a demurrer to a complaint (Section 7604, C. L. 1913), and the submission to the court for determination of the issue of law raised by such demurrer is a "trial," within the purview of sections 7609 and 7610, C. L. 1913, which require at least ten days notice of the trial of an issue of law or of fact. (2) Joint chattel mortgagee, whose debts are several, may join as coplaintiffs in an action to foreclose the mortgage. Appeal from the District Court of Griggs County, Hon. A. T. Cole, Judge. Plaintiffs appeal from an order sustaining a demurrer to the complaint. REVERSED Opinion of the court by Christianson, J. Sad & Duffy, Cooperstown, N. D., Attorneys for Appellants. Lashkowitz & Smith, Fargo, N. D., Attorneys for Respondents. Susanna Munsch Herr, Plaintiff and Appellant vs. Jacob Herr, Jr., et al, Defendants and Respondents SYLLABUS: Where the only question involved in an action is a question of fact, and the preponderance of the evidence supports the findings of fact made by the trial court, the judgment will of course be affirmed. Appeal from the District Court of McIntosh County, North Dakota, Hon. Geo. M. McKenna, Judge, AFFIRMED. Opinion of the court by Burke, J. Arthur B. Atkins, Napoleon, North Dakota, Attorney for Respondents. A. A. Ludwigs, Ashley, North Dakota, and Scott Camerion, Bismarck, North Dakota, Attorney for Respondents.