Abdalcader v. Kanan
North Dakota Supreme Court
Action in District Court, Billings County, Crawford and Hanley, JJ., to foreclose a mortgage. Plaintiff has appealed from a judgment and order denying a new trial and has demanded a trial de novo.
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Action in District Court, Billings County, Crawford and Hanley, JJ., to foreclose a mortgage. Plaintiff has appealed from a judgment and order denying a new trial and has demanded a trial de novo. If the plaintiff was surprised he should have made an affidavit for continuance. 29 Cyc. 876; Gaines v. White, 1 S. D. 47, 47 N. W. 524. “A new trial will not he granted except in unusual circumstances on the ground of newly discovered evidence which merely tends to discredit or impeach a witness or which is merely cumulative.” 29 Cyc. 918, and note; Axiom Min. Co. v. White, 10 S. D. 198, 72 N. W.…
1Opinion of the CourtBronson, J.
Statement. — This is an action in equity to foreclose a real estate mortgage given to secure a promissory note. In September, 1919, after trial, the district court, upon findings, rendered judgment for the defendants upon the ground that there had been payment and settlement of the note. The plaintiff moved for a new trial upon the grounds of insufficiency of evidence, errors of law, and newly discovered evidence. The trial court denied the motion. The plaintiff has appealed from the judgment and the order denying such motion, and has requested a trial de novo in this court. The facts…
2Cases cited4 opinions
- Aylmer v. AdamsNorth Dakota Supreme Court · 1915
- Landis v. KnightNorth Dakota Supreme Court · 1912
- State ex rel. Berndt v. TempletonNorth Dakota Supreme Court · 1911
- Keystone Grain Co. v. JohnsonNorth Dakota Supreme Court · 1917