Dubs ex rel. Dubs v. Northern Pacific Railway Co.
North Dakota Supreme Court
Statement of facts by Bredzell, J. This is an appeal from an order granting a new trial. The order was made in the circumstances appearing in the following statement of facts: In April, 1917, the plaintiff instituted this action as guardian ad litem of his son, who was injured in July, 1912, by being run over by one of the defendant’s trains.
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Statement of facts by Bredzell, J. This is an appeal from an order granting a new trial. The order was made in the circumstances appearing in the following statement of facts: In April, 1917, the plaintiff instituted this action as guardian ad litem of his son, who was injured in July, 1912, by being run over by one of the defendant’s trains. The facts in connection with the accident are stated in a prior report of this case (Dubs v. Northern P. B. Co. 42 N. D. 124, 171 N. W. 888), and need not be repeated here. Bpon that appeal a majority of this court was of the opinion that there was…
1Opinion of the CourtBirdzell, J.
(after stating the facts as above). The only specification of error on this appeal is the action of the court in vacating the order and judgment previously made and entered, and in granting a new trial. We are of the opinion that the court erred in the manner specified.
Without passing on the effect upon the jurisdiction of the trial court of the respondent’s appeal from the judgment and the order denying a new trial, we are of the opinion that the strongest position he can occupy with respect to this order is that, after the first motion was denied.and judgment entered, he might have moved…
2Cases cited28 opinions
- Hume v. BowieSupreme Court of the United States · 1893
- Richardson v. StateWyoming Supreme Court · 1907
- Davis v. JacobsonNorth Dakota Supreme Court · 1904
- Borrowscale v. BosworthMassachusetts Supreme Judicial Court · 1867
- Bailey v. United StatesCourt of Criminal Appeals of Oklahoma · 1909
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3Cited by13 opinions
- Haser v. PapeNorth Dakota Supreme Court · 1951
- Goodman v. MevorahNorth Dakota Supreme Court · 1953
- N. E. Redlon Co. v. Franklin Square Corp.Supreme Court of New Hampshire · 1941
- Bradley v. KrogenNorth Dakota Supreme Court · 1936
- Dubs Ex Rel. Dubs v. Northern Pacific Railway Co.North Dakota Supreme Court · 1924
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