Keystone Grain Co. v. Johnson
North Dakota Supreme Court
Appeal from the District Court of Burleigh County, Honorable ffl. L. Nuessle, Judge. Defendant appeals. As the basis for a motion for a new trial on the ground of newly discovered evidence, it must appear that such evidence is material, not merely impeaching nor cumulative, and that by the exercise of due diligence it could not have been discovered before the former trial, and that it has been discovered since the trial. 4 Enc.
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Appeal from the District Court of Burleigh County, Honorable ffl. L. Nuessle, Judge. Defendant appeals. As the basis for a motion for a new trial on the ground of newly discovered evidence, it must appear that such evidence is material, not merely impeaching nor cumulative, and that by the exercise of due diligence it could not have been discovered before the former trial, and that it has been discovered since the trial. 4 Enc. PI. & Pr. 791. It is necessary to specify all objections to the order of the court relied upon, and such as are not so pointed out are abandoned. Shuman v. Lesmeister,…
1Opinion of the CourtChristianson, J.
This is an appeal from an order granting plaintiff’s motion for a new trial on the ground of newly discovered evidence. The plaintiff is a grain brokerage concern; the defendant is engaged in the real estate business and in farming. On September 6, 1916, the defendant instructed the plaintiff by telegraph to “sell 7,000 flax to arrive. Two dollars or better.” The plaintiff immediately complied with the request, and sold for the defendant 7,000 bushels of flax to arrive at $2.02f per bushel. The defendant delivered only two carloads of flax, and plaintiffs were required to buy the remainder to…
2Cases cited7 opinions
- Aylmer v. AdamsNorth Dakota Supreme Court · 1915
- McGregor v. Great Northern Railway Co.North Dakota Supreme Court · 1915
- State v. CrayNorth Dakota Supreme Court · 1915
- Reid v. EhrNorth Dakota Supreme Court · 1917
- Wagoner v. BodalNorth Dakota Supreme Court · 1917
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Peterson v. BoberNorth Dakota Supreme Court · 1952
- Lemke v. DoughertyNorth Dakota Supreme Court · 1925
- Eckstrand v. JohnsonNorth Dakota Supreme Court · 1918
- Abdalcader v. KananNorth Dakota Supreme Court · 1920