132 N.W. 779 | N.D. | 1911
Action in conversion for the recovery of the sum of $5,000, the face value of three promissory notes alleged to have been executed by defendants to plaintiff on or about April 8, 1908, and thereafter and on May 4, 1908, wrongfully converted by defendants to their own use. Judgment was had in plaintiff’s favor and against the defendants for the sum of $5,000, and they have appealed separately from such judgment, and also from an order denying their motion for judgment notwithstanding the verdict or for a new trial.
Eespondent moved to dismiss the appeals on the ground that no notice of appeal from any order denying appellants’ motions for judgment notwithstanding the verdict, or for a new trial, was ever served in said action, and no undertaking on appeal made or served; and, further, that no notice of intention to move for a new trial, and no
The authorities cited by respondent are not in point. In Dorsey v. Raleigh & G. R. Co. 91 N. C. 201, the undertaking on appeal given as security for costs was made payable to the state, instead of to respondent, and the court says: “Had no person been named in the undertaking to whom it was payable, and the instrument been without seal, it would have been sufficient under the ruling in the case of the Clerk’s Office v. Huffsteller, 67 N. C. 449,—a conclusion arrived at not with
The appellants (defendants in the lower court) are husband and wife, and the respondent is a sister of appellant Anna Pietzseh. Respondent claims that, when she was about twelve years old, appellant Fred Pietzseh took improper liberties with her, and had sexual intercourse with her on numerous occasions; that nothing was said about the matter until she was sixteen years old, and had been delivered of a bastard child begotten by her present husband, Freel;- that while confined to her bed by reason of such childbirth she informed her mother of what had taken place between Pietzseh and herself, which information
The following instruction was given by the trial court: “Sexual intercourse between other than husband and wife is unlawful, and a contract having such an unlawful intercourse as its basis and consideration is absolutely void. If, therefore, you find that the notes in suit were actually executed and delivered, and later appropriated by the defendants, but that they were based upon sexual intercourse of the plaintiff and defendant Fred Pietzsch, then said notes are void and
The judgment is reversed as to both appellants, and it is ordered, that judgment be entered in favor of the appellant Ered Pietzsch for .a dismissal of said action, and that a new trial be granted the appellant Anna Pietzsch.