Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-03-08
Supreme Court

In the Supreme Court, State Of North
Dakota, October, 1912, Term.
A. r. Christ and the Golden Valley
Land and Cattle Company, Off the
use and benefit of said A. T. Christ,
and John Weber and Mary Weber,
his wife, for the use and benefit OF
said a.. r. Christ, Plaintiffs and Re.
spondents, VS.. John Johnstone and
Carrie tombstone, tby j. A. Miller,
her guardian ad Item.
Cd. Section 1928 II. G. 1905, com.
monty known as the Newman Act. is
not in itself a complete enactment
upon appeals, but is an incident OF
the general appeal law covered by
Chapter Is of the 1905 Revised Codes.
Its provisions apply to equity cases
tried by the jury wherein the appel.
liant desires the supreme court to re.
try some or all of the issues Of fact.
If appellant is satisfied with the find.
ings Of fact made by the trial court
but appeals from the judgment enter
ed thereon, he>has a right to such ap.
peal without demanding a retrial OF
any issue Of fact. In such appeal this
court will assume that all questions
Of fact have been properly decided by
the trial court and will only deter
mine whether or not the Judgment
entered and the conclusions of law an.
n0unCed are supported by the findings
of fact. The appeal in such a case is
governed by all of the sections Of
said chapter Is, including section
1905, and may be from the whole or
any part OF such judgment.
, G). The trial court found among
other things that the nominal plaintiff
herein should recover a personal
judgment against the defendants for
the use Of certain lands for certain
enumerated years. Under the find
1ngs OF fact such nominal plaintiff is
entitled to no judgment excepting as
might be obtained by the use plaintiff
had the action been brought in the
name of the said use plaintiff. AS it
is undisputed that the use plaintiff
was not the owner of the land during
four Of the years in question, and had
received no assignment Of the cause /
Of action, said use plaintiff was not
entitled to judgment for the S OF
the lands for these years, and the
plaintiff was not entitled to |
the Judgment entered. Judgment re.
duced in accordance with the facts
in the opinion. ~
Syllabus by the Court.
Appealed from the, district court OF
Filings county. Nuchols, J.
Modified. Opinion by Burke, J..
.Pudcell & Divet Of Wahpeton, r. f.
Purcell & Divet Of Wahpcton, +. +. !
plaintiffs and respondents.
Heffron & Baird OF Dickinson, j. A. |
of Beach, Attorneys for defend.
andts and appellants.
In the Supreme Court, state of North
Dakota, October. 1912, Term.
Wade Parsons, by T. j. Parsons,
guardian ad Item, plaintiff and re.
spondent, vs.. Oscar G.. Lee, Hulda
A. Lee and orna N. Lee, Defendants
and appellants
Plaintiff executed a deed for a quar-.
,er section of land and seeks to have
t set aside on the ground of mental
ncompetency.
II Evidence examined and held
hat the plaintiff was OF unsound mind
It the time OF the execution Of the
Iced. Further held that the allega.
ions OF the Complaint to the effect
hat plaintiff was afflicted with fits
II periods Of mental incompetency and
hat the plaintiff was mentally sncon.
,etent at the time Of the execution oil
he deed is properly supported by EVIL