Nelson v. Squire
North Dakota Supreme Court
Appeal from District Court of Divide County, Leighton, J. A new trial will not be granted on tbe ground of surprise, where the party went to trial without material evidence which he could have procured by the exercise of ordinary diligence. Linard v. Crossland, 10 Tek. 462, 60 Am. Dec. 213; Tooney v. State, 5 Tex. App. 185. The situation presented by such a motion must not be attributable to the negligence of the party asking for a new trial on the ground of surprise.
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Appeal from District Court of Divide County, Leighton, J. A new trial will not be granted on tbe ground of surprise, where the party went to trial without material evidence which he could have procured by the exercise of ordinary diligence. Linard v. Crossland, 10 Tek. 462, 60 Am. Dec. 213; Tooney v. State, 5 Tex. App. 185. The situation presented by such a motion must not be attributable to the negligence of the party asking for a new trial on the ground of surprise. He must show’ good diligence, and free himself from negligence. Josephson v. Sigfusson, 13 N. D. 312, 100 N. W. 703; Gains v.…
1Opinion of the CourtBurke, J.
The facts as they appear to us are as follows :p In May, 1909, Homer Squire lived upon a government homestead to which he had not yet received a patent. He had just bought a threshing machine from Johnson Brothers Hardware Company, local agents, for the sum of $1,623. Of this amount he had paid $600 cash.; had given his notes for $423, $300, and $300. To secure those three notes he gave a mortgage back upon the rig and also a mortgage upon his homestead. Johnson Brothers, learning that no patent had been issued to Squires for his land, insisted that he procure a mortgage upon his mothers’…
2Cases cited6 opinions
- Aylmer v. AdamsNorth Dakota Supreme Court · 1915
- McGregor v. Great Northern Railway Co.North Dakota Supreme Court · 1915
- State v. CrayNorth Dakota Supreme Court · 1915
- Kenezleber v. WahlCalifornia Supreme Court · 1891
- Clark v. CarterSupreme Court of Georgia · 1853
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