Garbush v. Firey
North Dakota Supreme Court
Appeal from District Court of Bowman County, Crawford, J. From an order denying a motion for judgment notwithstanding the verdict or a new trial, defendant appeals. (Brief filed, by. way of written argument, in opposition to motion to dismiss appeal, but no authorities cited.) On motion to dismiss appeal. The motion, from the order denying which the appeal is taken, was not made within the statutory period.
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Appeal from District Court of Bowman County, Crawford, J. From an order denying a motion for judgment notwithstanding the verdict or a new trial, defendant appeals. (Brief filed, by. way of written argument, in opposition to motion to dismiss appeal, but no authorities cited.) On motion to dismiss appeal. The motion, from the order denying which the appeal is taken, was not made within the statutory period. The order of the trial court, made ex parte, extending the time in which to make such motion, was wholly void, because at that time the action was no longer pending. A motion for a new…
1Opinion of the Court
Christianson, J.:
This action was tried to a jury in the district court of Bowman .county, and resulted in a verdict in favor of the plaintiffs. Judgment was entered pursuant to the verdict on September 5, 1914, and notice of entry thereof served upon the attorney for the defendant on that day. A statement of case was prepared, and, *156pursuant to stipulation, presented to, and settled by, the trial judge on November 10, 1914.
Defendant’s counsel obtained various orders for stay of proceedings,' tbe last one being obtained on November 10, 1914. No further proceedings were had until on August 9,…
2Cases cited8 opinions
- Higgins v. RuedNorth Dakota Supreme Court · 1915
- Grove v. MorrisNorth Dakota Supreme Court · 1915
- In re KaepplerNorth Dakota Supreme Court · 1898
- Glaspell v. Northern Pacific RailroadSupreme Court of the United States · 1892
- In re the Estate of HeldtCalifornia Supreme Court · 1893
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3Cited by18 opinions
- Higgins, Admr. v. MetzgerSupreme Court of Vermont · 1928
- Skaar v. EppelandNorth Dakota Supreme Court · 1916
- Bratberg v. Advance-Rumely Thresher Co.North Dakota Supreme Court · 1931
- Gohl v. BechtoldNorth Dakota Supreme Court · 1917
- Bovey-Shute Lumber Co. v. DonahueNorth Dakota Supreme Court · 1919
13 more not listed; retrieve them via the Exa API.