The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-12-20
THE BISMARCK TRIBUNE

THE BISMA
! found in favor of the defendant
brown. No motion for directed
| verdict having been made nor the In
| sufiicicncy Of the evidence specified
| as ground for new trial the evi
dcncc cannot be reviewed in thi:
| Court.
Appeal from the District Court
Adams County; Judgment and order
denying motion for judgment not
withstanding verdict or new trial
Hon. r. r. f.cmbkc, Judge.
AFFIRMED.
Opinion Of the Court by, Burr.
Tyler & Forgenson, Of Wilmington
Calf, Attorneys for Appellant.
+. NJ. Jackson Of Hcttingcr, N. b.
+. and J. X. Murray Of Mott, N. d. fol
Respondent.
From Burleigh County x.
Christine Dunn, c. al. for themselves
and for the benefit Of all Other
persons similarly situated, etc.
Plaintiffs and Respondents.
Edmund A. Hughes and John L. Lar
son. Defendants.
Edmund A. Hughes, Defendant ant
Appellant.
Syllabus:
in an action brought by owners Of
real estate abutting on an allcy-waS
in the City Of Bismarck the com.
plant alleges an obstruction Of thi.
allcy-way and that the allcy.wAy is 9
duly and legally established and rec.
ornzcd highway. Upon demurrer i,
is held that such complaint is not
subject to the demurrer on The
ground that the court has no juris.
diction Of the subject matter or that
there is a defect of parties, plaintiff
or defendant, or that the complain,
does not state facts sufficient tS
constitute cause Of action.
Appeal from the District Court OF
Burlcieh County, Hon. Fred Janson.
Jus, Judge.
Affirmed.
Opinion Of the court by Burr, j.
O'Hare L. Cox, Bismarck, N. Oak.
Attorneys for Appellant.
Scott Cameron and Harold D.
Shaft, Bismarck, N. D., Attorneys fol
Respondents.
From Mcken County
A. II. Haul. Plaintiff and Appellant
VS..
T. o. Gunderson, Defendant and Re.
spondent.
Syllabus:
Cd In an action for damages al
legged to have been sustained by the
plaintiff in an automobile collision
through the negligence Of the de.
PENDANT, the defendant counter.
claimed, alleging that the plaintiffs
negligence was the cause of the col.
lision. The pleadings-are construed
and it is held that the facts alleged
in the complaint and the counter.
claim relate to the same occurrence
(2) Section 7449 of the Compiled
Laws for 1913 authorizes cause Of
action in tort to be made the basis
of a cOuntcrclaim in an action in
tort, where both the action and the
counterclaim are predicated upon The
same set of facts.
Appeal from the District Court OF
Mckenzie County, Hon. John C.
Lowe, Judge.
Affirmed.
Opinion Of the court BY Birdzell, j
knauf & Knauf, jamestown, N
OAK, Attorneys for Appellant.
Lemkc L. Weaver, Fargo, N. Oak.
Attorneys for Respondent
From Morton County
Henry Lesch. Plaintiff and Respond.
ent
Farmers & Merchants State Bank oil
New Salem, N. D., a corporation
Defendant and Appellant.
| SYLLABUS:
In the instant case the plaintiff
purchased certain K. N. X. travellers
checks from the defendant bank
Shortly thereafter the banking firm
by whom such travellers checks were
issued became insolvent, and the
plaintiff brought this action agains,
the defendant bank, claiming tina,
he was induced to purchase the K
N. K. travellers checks by virtue Of
certain representations made to hin
by the cashier of the defendant banl
as to the solvency of the banking
firm by whom the K. N. X. travellers
checks were issued; that sucl
representations were false; that h.
purchased the said travellers check!
in relience upon the representation.
SO made and as a result sustained
| damages. For reasons stated in tn,
opinion, it is held that the jury wa,
justified in finding; that the repres
entations made by the defendan
bank were statements of fact an,
not mere expressions of opinion il
the nature Of putting" or "salc
talk; that plaintiff purchased tn
travellers checks in reliance upOl
such representations; that the rep
reservations were false and tina
plaintiff sustained injury as a re
suit of his reliance thereon.
Appeal from the District Court .
Morton county. Hon. Thomas Il
Pugh, Judge. The defendant appeal
from the judgment and from tn
order denying his motion for judy
ment notwithstanding the verdict o
for a new trial.
AFFIRMED.
Opinion of the Court by Chris,
ianson, Oh. j.
i Messrs. Sullivan, Hanlcy& Sulli
van, Mandan, N. OAK, Attorneys 70
Appellant.
!, Charles L. Crum, Esq, Bismarcl
N. OAK, Attorney for Respondent.
From Burleigh County =
State ex rel. Albert Thompson an
} May Thompson. Petitioners an
Appellants
S. A. Olsness, Commissioner Of Il
surance of the State of Mort
Dakota, Defendant and Respon,
cnt =. :