¶1I concur in affirming the judgment of the trial court, but prefer to do so upon the ground argued in respondent’s brief, that the party aggrieved by a judgment cannot resort to a court of equity for relief when he has an adequate remedy at law. The defendant had a remedy by motion to vacate the judgment, of which hé did not avail himself. See Kitzman v. Minnesota Thresher Mfg. Co. 10 N. D. 26, 84 N. W. 585; Freeman v. Wood, 11 N. D. 1, 88 N. W. 721; Kerr v. Murphy, 19 S. D. 184, 69 L.R.A. 499, 102 N. W. 687, 8 Ann. Cas. 1138; Freeman, Judgm. § 486.
22 ND 67
Halverson v. Bennett
Decided September 7, 1911
North Dakota Supreme Court · decided 1911-09-07
Appealed from District Court, La Moure county; E. B. Goss, Special Judge. Action by Ebert Halverson against E. A. Bennett and E. G. Houston to set aside an alleged void justice’s judgment. Judgment for defendants, and plaintiff appeals.
Relies on Kerr v. Murphy
Affirmed · Decided 1911-09-07