The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1918-12-09

| by section >, Article / OI Inc reuerdA
constitution, or by Section Is, Of the
constitution Of North Dakota.
Appeal from a Judgment of district
court Of Grand Forks county, Coo
ley. J.. ~ g.,
Plaintiff appeals.
| Reversed. b., .,.
| Opinion of the court by Christian
son, J. Grace, J. concurring III the re-
suit. Robinson, j. dissenting.
Geo B. Wallace, Bismarck and .. D.
Burtness, Grand Forks, attorneys for
appellant. '~s:4t. asy
1 Brown & Guesmer, and Harry S
| Carson, Minneapolis and Murphy e
Toner, Grand Forks, for respondents.
From. Ransom County.
John Mougey, plaintiff and appell-
ant, vs.. Hugh Miller and NJ. J. Cooney,
Jr., co.partners doing business as Mil
Ter & Coney. defendants and respond
| ents. '.-''..-. '.-..--
Syllabus: H. Na2. Ill.,. ~. 49,.
Where motion is made to set aside
and vacate a judgment and such no.
ton is not based upon an affidavit Of
merits and there Is no proposed veri-
fled answer and there is no fraud in
the procuring of the judgment, it Is
clear abuse of discretion Of the trial
court to grant such notion setting
aside and vacating the judgment.
Appeal from district court of Ran
son county, Frank r Allen, J.
Reversed. 49, ~ -'-.;'>
Opinion of the court by Frace, J.
Robinson, J. dissenting.
T.. r.. Burke. Bismarck, attorney for
plaintiff and appellant, ".+
c. G.. Bangert, .Enderlin, attorney
for defendants and respondents.
From Morton County.
Matt Froelich, plaintiff and respond
ent, VS.. Northern Pacific Railway Co..
a corporation, defendant and appel
ant. >N', wy ~, ~
Syllabus: @''* 49,
This is a personal injury suit In
which the plaintiff recovered a YER
dict and judgment for $4,000 for a sad
accident by which he lost four fingers
from the right hand. He was night
workman in the round house at Man
dan. He was employed as an engine
box packer On a May morning while
It VS. yet dark, he went into the car
shop, turned on the lights, started the
circular saw. as he claims for the pur-
pose of making a tool box to use IN
his employment; but he had no right
or authority to use the saw and do
ing so he was a. mere trespasser.
The injury dida not result in whole
or in part from the negligence of any o
officer agent Or employee Of the de-
,fendant. or by reason 81 any defect or
insufffciency III ITS machinery or
equipment Judgment reversed and
action dismissed. $1i..5:as .,..,. -
:" Appeal from, the district y court of
Morton county; J. M: ,Hanley, J.
|. Reversed and dismissed III -
Opinion of,,the court by. Robinson, J.
|,Birdzzell, y. .concnrring in the result.
Grace, T., dissenting, ~, ..sg;,,.-.
Watson, Young & ;Conmy; Fargo, at
torntys for, appellant. 4, ;i,ff r. ~ r
Jacobsen & Murray, Mott attorneys
for respondent. y 49,:
$50 .,,- From Ward County,.
Other II. Jensen. get al. plaintiffs
and appellants, VS.. Sawyer State bank,
defendant y and, respondent and H.
Thorson and #. D. iThorson, Inter-
venors and respondents.
Syllabus: >, =. ., -.~,
(l) The purchasers of the capital
stock of q bank: are not liable for the
payment of notes executed and negot-
lated by a former officer or stock
holder of the said bank and secured \,
by mortgage on lands decided by
the bank by said person, on condition
that he should raise money thereon
and turn the proceeds into the bank,
when no record of the agreement was
made on the books of the bank or in
the minutes of the directors and the
purchasers ofthe stock had no notice
Of the prior agreement or transac'
Etion At the time of their purchase.
| (2) The knowledge of an informed
larry in q sale is not imputed to the
purchaser. ~ -,
(3) The doctrine that one may not
reject that which is beneficial to him
! in q contract and retain that which Is
beneficial is held to be not applicable
In the case at the bar. %y"&s
Action to declare trust and to re-
cover from the purchasers of stock,
money formerly advanced to a bank.
Appeal from the district court of
Ward county, X. E. Leighton, ].
Judgment for defendants and inter.
venOrs.
Plaintiff appeals
Affirmed. :. 7al'.
Opinion of the court by Bruce, Oh.
J. Grace and Robinson, j. dissent.
w. S. Lauder, Wahpeton, attorney
for plaintiff and appellants.
Engerud, Divet, Holt & Frame. Far.
20, and John E. Greene, Minot and
Palda & Aaker and Greene, Minot, at.
torneys for defendants, intervenors,
and respondents. H.,
Phone IS, City Fuel Co.
For the Beulah Coal