Gould v. Duluth & Dakota Elevator Co.
North Dakota Supreme Court
Cross appeals from District Court, Cass County; McConnell, J. Action by Charles H. Gould against the Duluth & Dakota Elevator Company for the conversion of a quantity of wheat. After the reversal of an order vacating a judgment for plaintiff, 50 N. W. Rep. 969, judgment was entered for plaintiff.
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Cross appeals from District Court, Cass County; McConnell, J. Action by Charles H. Gould against the Duluth & Dakota Elevator Company for the conversion of a quantity of wheat. After the reversal of an order vacating a judgment for plaintiff, 50 N. W. Rep. 969, judgment was entered for plaintiff. Defendant moved to vacate such judgment, and pending such motion plaintiff moved for an order confirming the judgment, or, if vacated on defendants motion, for judgment on his original verdict. From the orders entered, denying both motions, both parties appeal.
1Opinion of the Court
Wallin J.
On a former appeal in this action to this court, 2 N. D. 216, 50 N. W. Rep. 969, an order of the District Court setting aside a verdict in plaintiff’s favor, and granting a new trial, was reversed, and the trial court was directed to enter judgment in plaintiff’s favor, reversing the order of the District Court, and for the costs and disbursements of this court. On filing the remittitur below, and on plaintiff’s application therefor, judgment was entered in the District Court, reversing the said order of the District Court, and for plaintiff’s costs and disbursements made and…
2Cases cited3 opinions
- Garr, Scott & Co. v. SpauldingNorth Dakota Supreme Court · 1892
- Gould v. Duluth & Dakota Elevator Co.North Dakota Supreme Court · 1891
- Leyde v. MartinSupreme Court of Minnesota · 1870
3Cited by9 opinions
- State v. First State Bank of JudNorth Dakota Supreme Court · 1924
- In re WeberNorth Dakota Supreme Court · 1894
- Sargent v. KindredNorth Dakota Supreme Court · 1895
- Taylor v. TaylorNorth Dakota Supreme Court · 1895
- Farleigh v. KellyMontana Supreme Court · 1900
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