Johns v. Ruff
North Dakota Supreme Court
Appeal from District Court, Wells County; N L. Glaspell, J. Action by John G. Johns against Chris. Ruff. Judgment for plaintiff. Defendant appeals. One desiring to challenge the sufficiency of evidence to support a verdict must either— 1. Request that a verdict be directed in his favor, or 2. Except to the charge of the court submitting questions of fact to the jury, or 3. Move for a new trial on the ground of the insufficiency of the-evidence.
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Appeal from District Court, Wells County; N L. Glaspell, J. Action by John G. Johns against Chris. Ruff. Judgment for plaintiff. Defendant appeals. One desiring to challenge the sufficiency of evidence to support a verdict must either— 1. Request that a verdict be directed in his favor, or 2. Except to the charge of the court submitting questions of fact to the jury, or 3. Move for a new trial on the ground of the insufficiency of the-evidence. No other mode of raising the question of the sufficiency of the evidence is provided by law. Henry v. Mayer, 6 N. D. 143, 71 N. W. Rep. 127.…
1Opinion of the CourtMorgan, J.
The complaint in this action sets forth a cause of action for services rendered the defendant’s daughter by the plaintiff as a physician and surgeon at defendant’s special instance and request. The answer admits the rendering of the services, but denies specially that such services were at defendant’s special instance and request; and further alleges that such services were performed as an assistant to one Dr. Barr, and that said Barr agreed to pay said assistant out of the sum of $40, the agreed sum to be paid him for performing an operation on his infant daughter; and that the defendant…
2Cases cited7 opinions
- Tribune Printing & Binding Co. v. BarnesNorth Dakota Supreme Court · 1898
- Vidger v. NolinNorth Dakota Supreme Court · 1901
- Hemstad v. HallSupreme Court of Minnesota · 1896
- O'Brien v. MillerNorth Dakota Supreme Court · 1894
- Sayer v. Harris Produce Co.Supreme Court of Minnesota · 1901
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Westerso v. City of WillistonNorth Dakota Supreme Court · 1950
- Ennis v. Retail Merchants Ass'n Mutual Fire InsuranceNorth Dakota Supreme Court · 1916
- Carson State Bank v. Grant Grain Co.North Dakota Supreme Court · 1924
- Smith v. KnutsonNorth Dakota Supreme Court · 1949
- In Re Estate of KinseyNebraska Supreme Court · 1949
6 more not listed; retrieve them via the Exa API.