Parsons v. Rowell
North Dakota Supreme Court
The defendants appeal from an order of District Court, Hettinger County, Crawford, J., refusing to modify a judgment. The rule of law is well settled that the court can only enter judgment in conformity with the verdict, and has no power to order judgment for a larger amount. 23 Cyc. 801, ¶ 6; Alpers v. Schammel (Cal.) 17 Pae. 708; Haldane v. Arcadia (Iowa) 30 N. W. 802; Weatherford v. Planger (Ariz.) 146 Pae. 759. The trial court has power after the entry of its judgment to…
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The defendants appeal from an order of District Court, Hettinger County, Crawford, J., refusing to modify a judgment. The rule of law is well settled that the court can only enter judgment in conformity with the verdict, and has no power to order judgment for a larger amount. 23 Cyc. 801, ¶ 6; Alpers v. Schammel (Cal.) 17 Pae. 708; Haldane v. Arcadia (Iowa) 30 N. W. 802; Weatherford v. Planger (Ariz.) 146 Pae. 759. The trial court has power after the entry of its judgment to correct it so as to make it correspond with the verdict, and the court can correct of its own motion or upon…
1Opinion of the CourtBronson, J.
This is an appeal from an order refusing to modify a judgment. The only papers before this court, in addition to the pleadings, are: Notice of trial, verdict of the jury, order for judgment, the judgment and notice of entry thereof, statement of costs, objection thereto, motion to modify judgment and order denying the same, order granting extension of time in which to appeal, notice of appeal, undertaking, and specifications of error. No statement of the case has been settled. The entire judgment roll is not even presented. From the complaint it appears that the action was instituted to…
2Cases cited7 opinions
- Erickson v. WiperNorth Dakota Supreme Court · 1916
- Davis v. JacobsonNorth Dakota Supreme Court · 1904
- Raad v. GrantNorth Dakota Supreme Court · 1918
- Beidler & Robinson Lumber Co. v. Coe Commission Co.North Dakota Supreme Court · 1905
- State v. ScholfieldNorth Dakota Supreme Court · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Austad v. DreierNorth Dakota Supreme Court · 1928
- Farmers Educational & Co-Operative Union Elevator Co. v. IronsNorth Dakota Supreme Court · 1934