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In general, the county courts (so designated by the Constitution) are the same as the probate courts of other states.


Sec. 110. There shall be established in each county a county court, which shall be a court of record open at all times and holden by one judge, elected by the electors of the county, and whose term of office shall be two years.

Sec. 111. The county court shall have exclusive original jurisdiction in probate and testamentary matters, the appointment of administrators and guardians, the settlement of the accounts of executors, administrators and guardians, the sale of lands by executors, administrators, and guardians, and such other probate jurisdiction as may be conferred by law; provided, that whenever the voters of any county having a population of two thousand or over shall decide by a majority vote that they desire the jurisdiction of said court increased above that limited by this Constitution, then said county court shall have concurrent jurisdiction with the district courts in all civil actions where the amount in controversy does not exceed one thousand dollars, and in all criminal actions below the grade of felony, and in case it is decided by the voters of any county to so increase the jurisdiction of said county court, the jurisdiction in cases of misdemeanors arising under state laws which may have been conferred upon police magistrates shall cease. The qualifications of the judge of the county court in counties where the jurisdiction of said court shall have been increased shall be the same as those of the district judge, except that he shall be a resident of the county at the time of his election, and said county judge shall receive such salary for his services as may be provided by law. In case the voters of any county decide to increase the

jurisdiction of said county courts, then such jurisdiction as thus increased shall remain until otherwise provided by law.


Increased Jurisdiction: Procedure. The rules of practice obtaining in county courts having increased jurisdiction are substantially the same as in the district courts of the state.

Appeals. Appeals from the decisions and judgments of such county courts may be taken direct to the supreme court.

The following named counties now have increased jurisdiction: Benson; Bowman; Cass; La Moure; Ransom; Renville; Stutsman; Ward; Wells.


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ris v.


Ballweber v. Kern

12 Bauclair, Steinbach v.

223 Beauchamp v. Northwestern Mut. F. Ins. Cn.

499 Beauchamp Retail Merchants Asso.

483 Benson, Union State Bank v. 396 Bentler v. Brynjolfson

401 Best, Arendts v. ...

389 Big Bend Land Co., First Nat. Bank v.

33 Black v. North Dakota State Fair Asso.

105 Blackmore, Strobeck v.

593 Blake, Woodward v.

38 Blough, Thronson v.

574 Bready v. Moody

321 Brown, State v.

340 Brown, Steinwand v.

602 Brynjolfson, Bentler v.

401 Burleigh, Martin v.


German-American State Bank, Nor

276 Godman v. Olson

360 Grand Forks, Great Northern R. Co. v.

1 Great Eastern Casualty Co., Schwindermann v.

584 Great Northern Exp. Co. v. Gulbro 352 Great Northern R. Co., Assid v. 270 Great Northern R. Co. v. Grand Forks

1 Gulbro, Great Northern Exp. Co. v. 352

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Carr v. Neva

158 Case Threshing Machine Co., McGinnity v.

288 Cooper, Ross v.

173 Cross v. Hillsboro Nat. Bank



International Harvester Co. v. State



Davis, McCoy v.
Davis, State v.
Doherty, Re


68 Johnson v. Johnson 260

Johnson, Keystone Grain Co. v. ....

138 562

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Schwindermann V. Great Eastern
Casualty Co.

584 Scow, State ex rel. Langer v.

246 Sebelius, Sunberg v.

413 Security State Bank v. Fischer 132 Smith, Hope Nat. Ban's v.

425 Stanley, State v.

311 State v. Brown

340 State v. Davis

68 State on relation of Nedreloe v. Kennard

612 State ex rel. Langer v. Kositzky 616 State ex rel. Langer v. Scow

246 State v. Stanley

311 State v. Wheeler

456 State Bank, International Harvester Co. v.

632 Stearns v. Merchants' Life & C. Co. 524 Steinbach v. Bauclair

223 Steinwand v. Brown

602 Strobeck v. Blackmore

593 Strong v Nelson

385 Sunberg v. Sebelius



Nelson, Strong v.

385 Neva, Carr v.

158 Norris v. German-American State Bank

276 North Dakota State Fair Asso., Black v.

105 Northwestern Improv Co. v. Oliver County

57 Northwestern Mut. F. Ins. Co., Beauchamp v.


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Warehime v. Huseby
Westerland v. First Nat. Bank
Wheeler, State v.
Woodward v. Blake


24 456

Plumley, Hatcher v.
Procise, Orth v.




Keehl v. Schaller ..

6 Dak. 499

PAGE 358

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