[DOWNLOAD] "Russell Bryan and Waldo Bryan v. Abe" by Supreme Court of North Dakota ~ eBook PDF Kindle ePub Free
eBook details
- Title: Russell Bryan and Waldo Bryan v. Abe
- Author : Supreme Court of North Dakota
- Release Date : January 01, 1944
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
This is an appeal from a judgment of the district court dismissing an appeal from a Justice court. The action was brought to recover damages to an automobile alleged to have resulted from a collision occasioned by the negligence of the defendant. The defendant made default and, on August 30, 1943, plaintiff recovered judgment against the defendant for the amount demanded in the summons, viz: $197.15 and costs. On September 13, 1943, the defendant served upon the attorney for the plaintiff a notice of appeal, a verified answer, and an ""undertaking on appeal."" These papers were filed with the clerk of the district court on the same day. The undertaking was executed in the name of the defendant by his attorney. It contains the provisions prescribed by law for an undertaking on appeal from the Justice court, but it was not executed by any surety. However, the undertaking contained recital that: ""In lieu of surety on this undertaking the said Abe Miller is depositing the sum of One hundred dollars in cash with the Clerk of the District Court of Burleigh County, North Dakota, as surety and from which any costs are to be paid on the appeal."" The action instituted in Justice court was entitled ""Russell Bryan, doing business under the trade name of Economy Cab Co. v. Abe Miller."" On January 20, 1944, the attorneys for the respective parties entered into the following written stipulation: