Shuman v. Lesmeister
North Dakota Supreme Court
Appeal from the District Court of Pierce County, A. G. Burr, J. From an order granting plaintiffs motion for a new trial, defendant appeals.
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Appeal from the District Court of Pierce County, A. G. Burr, J. From an order granting plaintiffs motion for a new trial, defendant appeals. Where a motion for a new trial is noticed to be heard at a time certain, and the court, of its own motion, postpones the hearing and it is not brought up for six months thereafter, or after the expiration of sixty days after the verdict or decision, and no cause shown for such extension, and no memorandum decision filed, the court lost jurisdiction. Session Laws 1913, chap. 131, §§ 2, 4, 6, 8; Feil v. Northwest German Farmers’ Mut. Ins. Co. 28 N. D. 355,…
1Opinion of the Court
Eisk, Cb. J.
Defendant appeals from an order granting plaintiff’s motion for a new trial. Such motion was based upon tbe minutes of tbe court. After tbe order was granted, defendant’s counsel prepared and caused to be settled, pursuant to law, a statement of case for use on tbe appeal.
Tbe specifications of error are as follows: (1) Tbe court erred in considering plaintiff’s motion for a new trial at all; and (2) the court erred in granting plaintiff a new trial upon tbe grounds stated in tbe order for a new trial.
We deem tbe first specification without merit. It is predicated upon an alleged…
2Cases cited5 opinions
- Davis v. JacobsonNorth Dakota Supreme Court · 1904
- Feil v. Northwest German Farmers Mutual InsuranceNorth Dakota Supreme Court · 1914
- Ross v. RobertsonNorth Dakota Supreme Court · 1903
- Bristol & Sweet Co. v. SkappleNorth Dakota Supreme Court · 1908
- Gooler v. EidsnessNorth Dakota Supreme Court · 1909
3Cited by8 opinions
- Mann v. Policyholders' National Life InsuranceNorth Dakota Supreme Court · 1952
- Donahue Ex Rel. Donahue v. BoyntonNorth Dakota Supreme Court · 1932
- Security State Bank v. Bank of CentervilleSouth Dakota Supreme Court · 1923
- Ogren v. Crystal Springs School District Number 29 of Kidder CountyNorth Dakota Supreme Court · 1925
- Carroll v. RyanNorth Dakota Supreme Court · 1953
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