Clendening v. Hawk
North Dakota Supreme Court
Appeal from District Court, Cass County; Pollock, J. Action by A. E. Clendening against M. E. Hawk. Judgment for defendant, and plaintiff appeals. The Court erred in directing a verdict for defendant. It is only where there is no legal evidence which if believed will establish a fact material to the plaintiff’s case that the Court can direct a verdict.
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Appeal from District Court, Cass County; Pollock, J. Action by A. E. Clendening against M. E. Hawk. Judgment for defendant, and plaintiff appeals. The Court erred in directing a verdict for defendant. It is only where there is no legal evidence which if believed will establish a fact material to the plaintiff’s case that the Court can direct a verdict. Carver v. Plank Road Co., 61 Mich. 584. Where evidence is conflicting, or the credibility of witnesses is questioned the case is for the jury. Houch v. Gue, 46 N. W. Rep. 280; United States v. Tillotson, 12 Wheat. 181; Russell v. Smith, 23 S.…
1Opinion of the CourtYoung, J.
One question only is presented by defendant’s appeal in this case, and that relates to the correctness of the order of the trial court in granting plaintiff’s motion for a directed verdict at the close of the case. The plaintiff seeks to recover the value of a quantity of grain which he alleges was converted by the defendant on September 15, 1896. The grounds upon which the right of recovery is based are set out at length in the complaint, in two *421distinct causes of action. The first alleges his ownership of the grain in question. The second sets up the lien of a chattel mortgage executed by…
2Cases cited2 opinions
- Lovejoy v. Merchants' State BankNorth Dakota Supreme Court · 1896
- Parker v. First National BankNorth Dakota Supreme Court · 1892
3Cited by9 opinions
- Swank v. ElwertOregon Supreme Court · 1910
- Mevorah v. GoodmanNorth Dakota Supreme Court · 1954
- John Miller Co. v. Harvey Mercantile Co.North Dakota Supreme Court · 1920
- Bidgood v. Monarch Elevator Co.North Dakota Supreme Court · 1900
- Johnson v. National Sugar Manufacturing Co.Supreme Court of Colorado · 1931
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