Rabinowitz v. Crabtree
North Dakota Supreme Court
Appeal from the county court of Stutsman County, John TJ. Hemmi, J. Action to recover commissions on account of the selling of defendant’s land. Motion by defendant to extend the time in which to obtain a transcript and move for a new trial. Motion denied. Defendant appeals.
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Appeal from the county court of Stutsman County, John TJ. Hemmi, J. Action to recover commissions on account of the selling of defendant’s land. Motion by defendant to extend the time in which to obtain a transcript and move for a new trial. Motion denied. Defendant appeals. Statement of facts by Bruce, J. This is an appeal from an order refusing to excuse the defendant and appellant from default in moving for a judgment notwithstanding the verdict, or for a new trial, within the statutory period allowed therefor, and which default was occasioned by the failure of the defendant to obtain a…
1Opinion of the CourtBruce, J.
(After stating the facts as above). This is one of the unfortunate cases of delay which would appear to be largely due to the laxity of conduct which must inevitably arise under a procedure where a transcript is deemed to be necessary in order that a motion for a new trial may be passed upon, and in a district where the stenographer is totally unable to keep up with the work of the court, so that extensions of time must necessarily be obtained in practically all cases, and are so common that motions for a new trial within the statutory period are of but rare occurrence.
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2Cases cited5 opinions
- Citizens' National Bank v. BrandenNorth Dakota Supreme Court · 1910
- Woods v. WalshNorth Dakota Supreme Court · 1898
- McGillycuddy v. MorrisSouth Dakota Supreme Court · 1895
- Moe v. Northern Pacific RailroadNorth Dakota Supreme Court · 1891
- Smith v. HoffNorth Dakota Supreme Court · 1910
3Cited by1 opinion
- Millers & Traders State Bank v. National Fire InsuranceNorth Dakota Supreme Court · 1927