Thornhill v. Olson
North Dakota Supreme Court
Application for an order dismissing an appeal from a judgment without prejudice to a second appeal from the same judgment or from an order overruling a motion for a new trial if such order shall be made. ■ Statement by Beuce, J. This is an application for an order dismissing an appeal from a judgment without prejudice to a second appeal from the same judgment, or from an order overruling a motion for a new trial if such order shall be made.
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Application for an order dismissing an appeal from a judgment without prejudice to a second appeal from the same judgment or from an order overruling a motion for a new trial if such order shall be made. ■ Statement by Beuce, J. This is an application for an order dismissing an appeal from a judgment without prejudice to a second appeal from the same judgment, or from an order overruling a motion for a new trial if such order shall be made. Prom the evidence in the case it appears that the action was one to determine the title and right to the possession of real property in Ward county; that…
1Opinion of the CourtJBeuce, J.
(after stating the facts as above). The petition is based upon the theory that the judgment having been entered on the 2d day of April, 1913, and the appeal taken on or about the 9th day of April, 1913, and prior to the taking effect of chapter 131 of the Laws of 1913, which was on the 1st day of July, 1913, the appeal was in all particulars governed by the statutes in force prior to the enactment of said chapter 131 of the Laws of 1913, and that under said prior statutes a motion for a new trial was a prerequisite to a review by the supreme court of the sufficiency of the evidence to sustain…
2Cases cited3 opinions
- United States v. Minnesota & Northwestern RailroadSupreme Court of the United States · 1856
- Donallan v. Tannage Patent Co.Court of Appeals for the First Circuit · 1897
- Tarr v. JordanCourt of Appeals for the First Circuit · 1897
3Cited by1 opinion
- Stimson v. StimsonNorth Dakota Supreme Court · 1915