Federal Land Bank of Saint Paul v. Porter

North Dakota Supreme Court

Federal Land Bank of Saint Paul v. Porter

389 N.W.2d 815, 1986 N.D. LEXIS 365

CourtNorth Dakota Supreme Court

DecidedJuly 16, 1986

DocketCiv. No. 11113

StatusPublished

This text of 389 N.W.2d 815 (Federal Land Bank of Saint Paul v. Porter) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Federal Land Bank of Saint Paul v. Porter, 389 N.W.2d 815, 1986 N.D. LEXIS 365 (N.D. 1986).

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Opinion

MESCHKE, Justice.

Thomas D. Porter appeals from a summary judgment granting foreclosure of a real estate mortgage given by Porter to the Federal Land Bank of Saint Paul. We affirm.

Porter asserts that the trial judge should have recused himself after Porter filed an affidavit of prejudice and demand for a change of judge in this case. Review of the record, however, establishes that no such affidavit or demand was filed in this case. The photocopied affidavit and demand attached to Porter’s brief on appeal bears the caption of another civil case in which Porter was a party. Having failed to file an affidavit of prejudice or demand for change of judge in the district court, Porter cannot raise this issue on appeal.

The remaining issues raised by Porter are without merit. The judgment is affirmed under Rule 35.1(a)(6), N.D.R.App.P.

ERICKSTAD, C.J., and VANDE WALLE, GIERKE and LEVINE, JJ., concur.

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MESCHKE, Justice.

Thomas D. Porter appeals from a summary judgment granting foreclosure of a real estate mortgage given by Porter to the Federal Land Bank of Saint Paul. We affirm.

Porter asserts that the trial judge should have recused himself after Porter filed an affidavit of prejudice and demand for a change of judge in this case. Review of the record, however, establishes that no such affidavit or demand was filed in this case. The photocopied affidavit and demand attached to Porter’s brief on appeal bears the caption of another civil case in which Porter was a party. Having failed to file an affidavit of prejudice or demand for change of judge in the district court, Porter cannot raise this issue on appeal.

The remaining issues raised by Porter are without merit. The judgment is affirmed under Rule 35.1(a)(6), N.D.R.App.P.

ERICKSTAD, C.J., and VANDE WALLE, GIERKE and LEVINE, JJ., concur.

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Bluebook (online)

389 N.W.2d 815, 1986 N.D. LEXIS 365, Counsel Stack Legal Research, https://law.counselstack.com/opinion/federal-land-bank-of-saint-paul-v-porter-nd-1986.