C. & M., Inc. v. Northern Founders Insurance Co. of North Dakota

In this case judgment, in favor of plaintiffs, pursuant to the verdict of a jury, was entered on November 5, 1959. Prior to the entry of judgment but subsequent to the verdict the defendants served on plaintiffs a notice of motion for judgment notwithstanding the verdict or in the alternative for a new trial. The motion was set for hearing on November 17, 1959. At that time, Honorable C. L. Foster, the district judge, who presided at the trial of the case, heard the motion. Judge Foster died January 5, 1960, without having ruled on the motion. On April 19, 1960, defendants moved before Judge…