Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-05-01
are paid.
Syllabus by the court.

are paid.
Syllabus by the court.
Appeal from the district court OF
Ward county, E. B. Goss, J.
From judgment of conviction for
maintaining a liquor nuisance, de-
PENDANT appeals.
Aftirmer. except as to the portion OF
the judgment directing an abatement
or the nuisance.
r. H. Bosard and G. w. Twiford,
for appellant.
Dudley l.. Nash. states attorney, and
Geo. l.. RyersOn, assistant states at
torney. for respondent.
Opinion of the court by Fisk, j., all
concurrinig.
w. E. Beddow. respondent. VS. Fred
Y. Flage, appellant.
Appellant served notice of appeal
on March 1. 1909, but did not serve
the undertaking. on appeal until %
days later. Both were filed with the
clerk of the district court on March
26th. Respondent moves to dismiss
the appeal for failures to serve a
copy Of the undertaking with the no.
tlce of appeal as required by section
S22. o. r. c., 1905.
Held, that such failure is not juris-
distictional, and that the facts pre-
sent proper case emitting appel
liant to invoke the aid of section 1924,
which provides: when a party shall
in good faith give notice of appeal and
shall omit through mistakes or &C.
cidents to do any other act necessary
to perfect the appeal to make it ef-
fectual or to stay proceedings. the
court from which the appeal is taken
or the presiding Judge thereof, or the
supreme court court, or any of the
justices thereof may permit an amend
ment or the proper act to be done on
such terms as may be just"
Appellant is accordingly permitted,
on payment of $25 terms, to furnish
new undertaking or make a cash
deposit as prayed for.
Syllabus by the court.
Appeal from the district court of
LaMoure county. Winchester, J.
Motion to dismiss the appeal
Denied.
G. w. Davis. for the motion.
knauf and knauf and C. S. Buck,
contra.
Opinion of the court by Fisk, j., all
conCurring.
Lydia Ottow. respondent. VS.. August
Friese and Bertha Friese, appel
lants.
|. Under compiled laws of 1887.
statement in an affidavit Of sale in
correctly reciting that the sale was
made at a place other than the one
named in the notice of sale may be
corrected as against the mortgagor.
by the filing of another affidavit sew
eral months after the sale, reciting
the sale to have taken place as ad-
vertised.
2. A judgment signed by the pre-
siding Judge finally determining the
rights Of the parties and entered in
the Judgment book, is a final judg-
ment and may be proved as such as
a former adjudication of the issues
in the pending suit.
3. Under chapter 20, compiled laws
OF 1887, an action to determine ad-
verse claims to and for the posses
sion Of real estate, was maintainable
to the same effect as an action of
ejectment under the common law.
4. In such actions the district
court had orogoial jurisdiction and
the facts necessary to state on
cause of action were not the same as
those on which an action for forcible
entry and detainer was maintainable.
S. A former adjudication may be
pleaded and proven where the issues
in the former action and in the pend
ing action are the same.
A contract for the sale of real
estate may be waived by abandon
ment of the land and of the contract
by the vendee. and his rights there
under extinguished thereby.
I. Evidence considered and held
to show a valid foreclosure and tina.
the plaintiff has the title on the land
in suit.
Syllabus by the court.
Appeal from the district court of
Cass county, Pollock, J.
Action to determine adverse claims.
Judgment for plaintiff Defendant ap-
peals.
Affirmed
S. G. Roberts for appellant.
W. j. Clapp, for respondents.
Opinion of the court by Morgan, j.,
all concurring.