Baumer v. French
North Dakota Supreme Court
Appeal from District Court, Richland County; Lauder, J. Action by Joseph Baumer against Jesse R. French. Verdict for plaintiff. From an order granting a new trial, he appeals. The courf can vacate a verdict and grant a new trial on its own motion only where the error of the jury is so gross as to be at once apparent, and the court should exercise its power as soon as the verdict is rendered. Hayne New Trials, § io; Gould v. D. & D. Elev.
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Appeal from District Court, Richland County; Lauder, J. Action by Joseph Baumer against Jesse R. French. Verdict for plaintiff. From an order granting a new trial, he appeals. The courf can vacate a verdict and grant a new trial on its own motion only where the error of the jury is so gross as to be at once apparent, and the court should exercise its power as soon as the verdict is rendered. Hayne New Trials, § io; Gould v. D. & D. Elev. Co., 2 N. D. 216; Clement v. Barnes, 6 S. D. 483, 61 N. W. Rep. 1126. A statement of the case shall have incorporated a .specification of particulars in…
1Opinion of the CourtWallin, J.
The facts which we deem to be decisive in 'this case may be briefly stated as follows: The action was brought to recover the possession of certain farm machinery, and the trial resulted in a verdict for the plaintiff. Subsequently the defendant served notice of intention to move for a new trial and to vacate the verdict. Said notice contained a statement that said motion would be made upon a statement of the case, and also upon affidavits thereafter to be served. No affidavits were in fact served or used, and the motion was heard upon a statement of the case. The specifications of error…
2Cases cited4 opinions
- Coulter v. Great Northern Railway Co.North Dakota Supreme Court · 1896
- Gull River Lumber Co. v. Osbrone McMillan Elevator Co.North Dakota Supreme Court · 1896
- Turner v. St. JohnNorth Dakota Supreme Court · 1898
- Thompson v. PattersonCalifornia Supreme Court · 1880
3Cited by8 opinions
- Agricultural Bond & Credit Corp. v. Courtenay Farmers Co-Operative Ass'nNorth Dakota Supreme Court · 1933
- D. S. B. Johnston Land-Mort. Co. v. CaseSouth Dakota Supreme Court · 1900
- Olson v. MattisonNorth Dakota Supreme Court · 1907
- Barnum v. Gorham Land Co.North Dakota Supreme Court · 1904
- Lund v. UphamNorth Dakota Supreme Court · 1908
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