The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1907-03-15

PeiMIIllAS pldlntlH 10 introduce Sec
ondary evidence as to the contents of
exhibit c being a contract between
plaintiff as agent and the purchasers
was error without prejudice.
4. Upon cross-examination of the
plaintiff, it was disclosed that one
Chamberlain is to receive 25 per cent
of any sum plaintiff may recover in
this action and defendant contends
that this should defeat plaintiffs re-
covery. The answer to this conten-
ton is the fact that no such defense
was pleaded in the answer and fur
thermore no ruling was made, nor
was the trial court asked to make
any ruling upon which such assign
ment of error could be predicated.
B. The fact that a portion of the
land embraced in this contract con-
sisted of the homestead of defendant
and his wife, and that the latter did
not join in the execution of the con-
tract, does not render such contract
invalid, as it was not contract for
the sale of the property, but a mere
agreement on defendants part to COM
pensate plaintiff for finding a. pur-
chaser
(Syllabus by the court)
Appeal from the district court of
Eddy county; Hon. E. T. Burke, Judge.
R. P. Allison, F. Baldwin, for ap-
pellant.
Maddux & Rinker, for respondent.
Judgment affirmed.
Opinion by Fisk, ].
Frank H. Strecker, respondent VS..
Edward Railson, appellant.
l. A complaint in an action upon
Judgment Of justice of the peace
of sister state which fails to allege
specifically the facts showing that
such court had jurisdiction, both of
the subject matter and of the person
OF the defendant, or that such judg-
ment was duly given or made" as
provided in section 6S71, revised codes
1905, or words of the exact equivalent,
fails to state facts sufficient to con-
stitute cause Of action.
2. A judgment rendered by JUS
tice of the peace of a sister state
cannot be proved in this state by an
authenticated copy of the record OF
such Justices court, as neither the
act of congress Gu. S. revised statutes
1900 nor section 1892 revised codes
1905, relates to the authorization of
copies of records of courts of limited
iNrfSd30fi0n IN nfhor cfofoc
3. A transcript of this judgment
having been filed in the Office of the
clerk of the district court in the coun-
ty where rendered, it was sought to
prove the same by an authenticated
copy of the records of the district
court, but this was equally inadmis-
sible.
(Syllabus by the court.)
Appeal from the district court of
Mcintosh county; Hon. Frank P. Al
len, Judge.
A. w. Clyde, for appellant.
Nels Larson, for respondent.
Judgment reversed and cause re-
manded appellant to recover costs in
both courts.
Opinion by Fisk, ].
Charles A. Woodward. appellant VS..
Northern Pacific Railway company,
respondent.
l. The complaint charged defend
ant with negligence in causing a fire
to be started which spread causing
injury to certain premises claimed to
be owned by plaintiff At the trial
plaintiff sought to show an assign
ment by one NJ. to him of cause
OF action against defendant of SIM
liar nature. Held, that such proof
was properly rejected as it in no
way tended to support the allegations
of the complaint.
2. Plaintiff at the trial asked leave
to amend his complaint by setting up
a cause Of action accruing to NJ. and
alleging an assignment thereof to him
prior to the commencement of the
action. This amendment would en-
tirely change the cause of action and
hence was properly refused. Such
proposed amendment was also incon-
sistent with the proof already intro
duced by plaintiff which showed that
such assignment was not made until
after the action was commenced, and
should for that reason have been de-
MED.