The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1929-11-05

OeIlCG.
syllabus by the cou-t.l
Appeal from the district court OF
Sargent County. N. D., Hon. Geo. NJ.
Mckenna. Judge.
Affirmed. Opinion Of the eour. by
Burke. CHI. ].
Lauder. Heder g. Lauder. Wahpe.
ton. n. D.. attorney for respondents,
Argersinger.
Chas. s. Ego. Lisbon. N. d.. attorney
for defendant. L. r. Baird, receiver.
Company 4. First. Regiment: North
school. 4 corporation. Plaintiff and
Appellant. IS. The State II North
Dakota. 4. +. Little. Edmond a.
Hughes. Mary II. Hughes. Ct al.
Defendants and Respondents.
When an action has been dismissed
as To one party but remains pending
a. to others such party has no stand
ing in subsequent proceedings TO
reply to any additional pleading or
10 file an amended pleading.
tSyliabus by the court.D
Appeal from the district court of
Hnrleigh county. Hon. Thomas II.
Affirmed. Per curiam opinion.
L. .. Hellstrom of bismarck and
Enauf &; knauf Of jamestown for APP
pellant. James Morris. attorney. gen
eral. and Harold l.. Shaft. assistant
State OF North Dakot.. Zugcr 4 Til
loiSon Of Bismarck for respondents
G.. X. Little. .dnvnd a. Hughes and
Mary II. Hughes.
Burke. tn. j.. aud Nuessle. j.. being
disqualified. did not participate: Hon.
II. J.. EiElert, judge of The first ju-
dirial district, and Hon. ". j. Knee
shaw. judge Of the second judicial
district, sitting in their stead.
Gertrude Ellingson. rs admini:tratrix
af the estate Of j. ". EllinESon,
deceased. Plaintiff and Respondent.
Ns. Northwestern Jobbers Credit
bureau, Il foreign corporation, De-
PENDANT and Appellant.
l. An order denying a motion 10
vacate the service If a summons upoll
4 foreign corporation on the ground
that the person on whom service was
sentative If the corporation and
that, consequently. the service was
and is wholly ineffective and tht
court without jurisdiction Of tho per.
p%ealable order under the provisions
II section 1911. g. l. 1919: security
Nat. Bank y. Bothnc. ~. u. -
o11 y. W. las, followed.
,. In Ease Of All adverse judgment
against the defendant such order
upon being included In a settled state
ment of ease. may be reviewed upol
AN appeal from the Judgment.
s. 4 defendant who has made
timely and proper objection TO tn,
service Of the by a motion
to vacatc such service does not waiv'
the objection to the jurisdiction h,
merits.
tSyllabus by the court.)
q Appeal from the district court o
Eddy county. Ja%nsonius; J. Defendan
ton to vacate tho service VI the sum
mons
Dismissed.
opinion OF the court by Christian
Manly 4 Manly. New Rockford
n. D.. and Todd, Fosncs e. Green Q
counsel. ST. Paul. Mimi. attorneys 70
defendant and appellant. :: r. Els
worth, Jamestown, y. D., attorney TO
plaintiff n respondent.
F.. F. Rurchard. doing business unde
the style and firm name Of i. /
Eurchard & Company. Plaintiff an
/ Dakota, doing business as the Stat
Ronding. Fund. defendant and lie
!. spondcnt.
/. a public officer has BY impii
cation such powers as are nccessar
for the due and efficient exercise .
those expressly granted. But II
power will be implied other tina
those which are necessary for the 81
: fectivc exercise and discharge Of tn
. powers and duties expressly conferre
and imposed, and where h mode
performance Of ministerial duties
prescribed. no further power Is in
, piled.
q 2. A public officer has no powe
to contract with and employ anothe
! to perform III duties which have b
law been placed upon public officer
> in the absence Of expressed legi'
L fatiasn affhnf{Ar
. 'a:lse s%s aut1inp GOODS. 2oobl1 ar
o cOVblS directly and specifically. prs
= vide for the examination and auditil
4 q the accounts " any public cn
bonding department or by the. publ
examiner, and there - no implie
authority to contract with 4 priya
person TOR auditing the accounts
If lSyllabus BY the court.).
Appeal from the district court
Rurieigh county, North Dakota. Ho
e Fred ~Jansonius, judge. -,
. Opinion Of the court Wy burk
u Affirmed.
q F.. q. Hellstrom, Bismarck, \.
attorney for plaintiff and appellai
Hon.. James Morris, attorney gener;
and Charles Simon, assistant attorh'
!. general, Bismarck, n. D., att0rne
Tor defendant and respondent.
! The Grand Lodge OF the Ancient q
&. der OF Cniteu WOrkmen VI Nor
Dakota. Plaintiff and Appellant,
!. The city Of Dottlneau, q munictp
=, corporation. Defendant and 4
i. 4 municipality. issuing spec
assessment warrants IN pa! IAent
public improvements made. " requir
under Section 1875, Z. L. 1918. VIII
y. for q deIinauent special assessmeI
in the absence Of other bidders.