Southall v. Thompson

North Dakota Supreme Court

Southall v. Thompson

277 N.W. 603, 68 N.D. 196, 1938 N.D. LEXIS 96

CourtNorth Dakota Supreme Court

DecidedFebruary 7, 1938

DocketFile No. 6478.

StatusPublished

This text of 277 N.W. 603 (Southall v. Thompson) 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

Southall v. Thompson, 277 N.W. 603, 68 N.D. 196, 1938 N.D. LEXIS 96 (N.D. 1938).

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Opinion

Action in claim and delivery to recover possession of a horse sold by one Martin Mickelson to the defendant. Plaintiff claims title under the contract involved in the case of John Southall v. Martin Mickelson, just decided by this court, ante, 191,277 N.W. 601. Upon the trial in District Court the two cases were consolidated but separate judgments were entered. The animal in this case is involved in the accounting action of Southall versus Mickelson, and, since it was there held that Mr. Mickelson was the owner of the horses described, the decision in that case is decisive of this.

Judgment of the District Court should be affirmed.

CHRISTIANSON, Ch. J., and NUESSLE and BURR, JJ., and MILLER and JANSONIUS, Dist. JJ., concur.

MORRIS, J., disqualified, and BURKE, J., being detained by illness, did not participate, Hon. HARVEY J. MILLER, Judge of Sixth Judicial District, and Hon. FRED JANSONIUS, Judge of Fourth Judicial District, sitting in their stead. *Page 198

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Action in claim and delivery to recover possession of a horse sold by one Martin Mickelson to the defendant. Plaintiff claims title under the contract involved in the case of John Southall v. Martin Mickelson, just decided by this court, ante, 191,277 N.W. 601. Upon the trial in District Court the two cases were consolidated but separate judgments were entered. The animal in this case is involved in the accounting action of Southall versus Mickelson, and, since it was there held that Mr. Mickelson was the owner of the horses described, the decision in that case is decisive of this.

Judgment of the District Court should be affirmed.

CHRISTIANSON, Ch. J., and NUESSLE and BURR, JJ., and MILLER and JANSONIUS, Dist. JJ., concur.

MORRIS, J., disqualified, and BURKE, J., being detained by illness, did not participate, Hon. HARVEY J. MILLER, Judge of Sixth Judicial District, and Hon. FRED JANSONIUS, Judge of Fourth Judicial District, sitting in their stead. *Page 198

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Bluebook (online)

277 N.W. 603, 68 N.D. 196, 1938 N.D. LEXIS 96, Counsel Stack Legal Research, https://law.counselstack.com/opinion/southall-v-thompson-nd-1938.

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