Hodgins Transfer Co. v. Carlson
This text of 154 N.W. 254 (Hodgins Transfer Co. v. Carlson) 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.
Opinion
Error is assigned upon the granting of plaintiff’s-motion to strike out portions of defendant’s answer and counterclaim. Tbe respondent appeared in this court and confessed error, and consented that tbe cause be reversed and remanded. This being so, and, as a reversal will merely give tbe parties and tbe trial court further-opportunity to consider tbe matters involved, a reversal will be ordered and tbe cause remanded, without a consideration of tbe merits of tbe appeal.. See 3 Cyc. 404.
Reversed and remanded.
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Cite This Page — Counsel Stack
154 N.W. 254, 31 N.D. 546, 1915 N.D. LEXIS 196, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hodgins-transfer-co-v-carlson-nd-1915.