Rosenbaum v. Hayes
North Dakota Supreme Court
Appeal from District Court, Morton County; Winchester, J. Action by Morris Rosenbaum and others against Jerry Hayes, as sheriff of Stark county. Judgment for defendant, and plaintiffs appeal. It has once been held in this case that under the evidence the question of delivery of possession was a question of fact. Rosenbaum v. Hayes, 5 N. D. 477. Defendant’s motion for a directed verdict was equivalent to a demurrer to the evidence, and the rule in such cases is well settled.
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Appeal from District Court, Morton County; Winchester, J. Action by Morris Rosenbaum and others against Jerry Hayes, as sheriff of Stark county. Judgment for defendant, and plaintiffs appeal. It has once been held in this case that under the evidence the question of delivery of possession was a question of fact. Rosenbaum v. Hayes, 5 N. D. 477. Defendant’s motion for a directed verdict was equivalent to a demurrer to the evidence, and the rule in such cases is well settled. Cameron v. The Great Northern Railway, 8 N. D. 124, 77 N. W. Rep. 1016. It was not necessary to show the authority of…
1Opinion
ON REHEARING.
Respondent asks a rehearing upon the last proposition discussed in the foregoing opinion, and in an erudite petition he seeks to show that there was no evidence of possession upon which appellants were entitled to go to the jury. The question of possession is a question of fact, to be decided, ordinarily, by the jury. Whether or not there is any evidence in a case upon which a jury would be warranted in finding possession in a designated party is a preliminary question upon which the Court may properly pass. But the fallacy in respondent’s reasoning consists in the fact that he *472co…
2Cases cited4 opinions
- Pegram v. CarsonThe Superior Court of New York City · 1863
- Morrison v. OiumNorth Dakota Supreme Court · 1892
- Rosenbaum v. HayesNorth Dakota Supreme Court · 1899
- Gray v. CoreyCalifornia Supreme Court · 1874