Grove v. Morris
North Dakota Supreme Court
Appeal from the District Court of Poster County, Coffey, J. The respondent did not take the steps necessary to give the trial court authority or jurisdiction to grant a new trial, and for that reason the trial court should have refused to consider a motion for a new trial. Louder v. Hunter, 27 S. D. 271, 130 N. W. 774 and cases cited; Traxinger v. Minneapolis, St. P. & S. Ste. M. R. Co. 23 S. D. 90, 120 N. W. '770; Nerger v. Commercial Mut.
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Appeal from the District Court of Poster County, Coffey, J. The respondent did not take the steps necessary to give the trial court authority or jurisdiction to grant a new trial, and for that reason the trial court should have refused to consider a motion for a new trial. Louder v. Hunter, 27 S. D. 271, 130 N. W. 774 and cases cited; Traxinger v. Minneapolis, St. P. & S. Ste. M. R. Co. 23 S. D. 90, 120 N. W. '770; Nerger v. Commercial Mut. Fire Asso. 21 S. D. 537, 114 N. W. 689. The statement of the case, when settled, must be signed by the judge, with his certificate showing its allowance,…
1Opinion of the CourtBurke, J.
Plaintiff recovered a judgment for $235.50 in district court after trial by jury, and notice of the entry thereof was served upon attorneys for defendant February 9, 1912. A statement of the case was settled September 26, 1912. Thereafter, defendant claims he served upon the attorneys for plaintiff notice of intention to move for a new trial and notice of motion for a new trial, which latter he alleges was dated September 27, 1912, and was returnable at Carrington on the 14th of October, 1912. Defendant’s attorneys, however, have filed an affidavit denying the receipt of such notice of…
2Cases cited3 opinions
- Deering v. JohnsonSupreme Court of Minnesota · 1885
- Bright v. JuhlSouth Dakota Supreme Court · 1903
- Kaslow v. ChamberlainNorth Dakota Supreme Court · 1907
3Cited by18 opinions
- Skaar v. EppelandNorth Dakota Supreme Court · 1916
- Keyes v. BaskervilleSouth Dakota Supreme Court · 1919
- Higgins v. RuedNorth Dakota Supreme Court · 1915
- Bratberg v. Advance-Rumely Thresher Co.North Dakota Supreme Court · 1931
- Garbush v. FireyNorth Dakota Supreme Court · 1916
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