The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1914-01-21
DECISION OF The
SUPREME COURT

In supreme court, state of North
Dakota. Plymouth township, plain
tiff and respondent, VS.. Herman klug,
defendant and appellant.
Defendant was placed in quaran-
tine by the township board upon
orders given by the members Of the
board over the telephone. and not at a
regularly called meeting. After the
establishment of the quarantine, de-
PENDANT requested the chairman of the
board to have some groceries sent to
his farm from q n~eighboring village.
The groceries were SO furnished and
the charges for transportation,
amounting to SIS, were paid by the
township board, which later attempt
ed to collect from the defendant. De-
PENDANT insists that the quarantine
was Irregular, because not established
at a legal meeting of the board n
therefore the charge against him for
drayage is Illegal.
Held, that defendant is bound upon
IN implied promise to pay for the
services. and moreover such quaran-
tine was legally established by the
board without a formal meeting.
(Syllabus by the Court).
Appealed from the district court or
Grand Forks county, Templeton, j..
Affirmed. Opinion of the court by
Burke, j.
Frank B. Feetham, of Grand Forks,
N. D.. attorney for defendant and ap-
pellant.
O.. B. Burtness, of Grand Forks, ".
D., attorney for plaintiff and respond
ent.
L. A. Price, plaintiff and appellant,
VS.. J. E. Burke. defendant and re-
spondent.
Evidence examined and held insufFi-
| cient to establish a right to recover,
it not appearing that he purported
improvement for which the mechan-
les lien was claimed and IS sought to-
be foreclosed. a we'll. was dug under
any express contract with the owner
or his authorized agent; nor is it es-
tablished that plaintiff. before the
completion of the work. had knowl-
| edge that the same was being done.
or that he has subsequently ratified
the same.
(Syllabus by the court.)
From Il judgment Of the district
court of Ward county, Leighton, j.,
dismissing this action, plaintiff APP
peals.
Affirmed. opinion by Goss, J.
Burke. j., being disqualified. did not
participate.
+. B. Lambert, Of Minot. N. D, at
torney for plaintiff and appellant.
LdlNlt fiohCl " NASSASt N"A IL "Nq
Oseth, Of Minot. n. D.. attorneys for
defendant and respondent.
Louis Demars, plaintiff and re-
spondent, VS.. Mrs. ALDER Gardner. de-
PENDANT and appellant.
When a change of venue is taken
from one justice to another upon afi-
davit of prejudice, the notice of the
time and place Of trial given by the
second justice may be. served upon
either the parties or their attorneys.
(Syllabus by the court.)
Appealed from the district court of
Ward county, Leighton, J.
Affirmed. Opinion of the court by
Burke, J.
George Fl. Gjertsen, of ~Bowbells, N.
D., attorney for defendant and appel
LIANT.
A. W. Gray and L. F. Clausen. Of
Kenmare, N. D., attorneys for plain
tiff n respondent. "'.t
Richard G.. P. vallancey, PLAINTIFF
and appellant. VS.. John c.. Hunt. Mar
| tina Hunt. John Gardiner and William
Mcdonald. defendants and respond
cats.
A party who desires to avoid the
penalties Of a r~edelivery bond in re-
plevin must show a delivery or offer
of delivery Of the property within a.
, reasonable time, in substantially as
| 6ooo "S ~ taEA1Na LIN
without material depreciation in val
ue. Evidence in the case at bar ex-
amined, and held, that defendants
have not shown such a delivery or
; offer of delivery. Judgment for plain
tiff ordered. notwithstanding verdict.
'(Syllabus by the court.) XII
!. Appealed from the Second Judicial
district, Rolette county, Hon. Frank
|. e. Fisk, special judge.
Reversed. Opinion Of the court by
burke, J.
, Fred e. Harris. of Rolla. N. ID. and
: Knauf 81 Knauf, of Jamestown, IN. ID.
o attorneys for plaintiff and appellant.
II. II. Cuthbert g. A. RSrnythe.
Devils Lake. N. D., n H. u. Plymat.
: of ..Rolla, A.. d. attorneys fer sde-
: PENDANTS and respondents
] Colds to be Taken Seriously
Intelligent people realize that coma
mon colds should be treated prompts