Braithwaite v. Aiken
North Dakota Supreme Court
PPEAL from district court, Burleigh county; Hon. W. H. ‘Winchester, Judge. . Appeal from an order granting a new trial. The main authorities relied upon by the appellants are set forth in the opinion. An order granting a new trial having been made upon good cause shown and in furtherance of justice, and being a matter appealing to the discretion of the court is not subject to review by an appellate court.
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PPEAL from district court, Burleigh county; Hon. W. H. ‘Winchester, Judge. . Appeal from an order granting a new trial. The main authorities relied upon by the appellants are set forth in the opinion. An order granting a new trial having been made upon good cause shown and in furtherance of justice, and being a matter appealing to the discretion of the court is not subject to review by an appellate court. Barrett v. Railroad Co., 45 N. Y. 628; Hoyt v. Thompson, 19 N. Y. 218; Smith v. Lovejoy, 62 Ga. 372; Detroit Tug Co. v. Carnter, 42 N.-"W. Rep. 968. It is well settled that an order granting…
1Opinion of the Court
The opinion of the court was delivered by
Corliss, C. J.
The judgment in this litigation in favor of the plaintiff has already been affirmed by this court as to two of the defendants. Braithwaite v. Power, 1 N. D. 455, 48 N. W. Rep. 354. While the appeal of these two defendants was pending in this court, the remaining defendant, Harvey Harris, as administrator of the estate of Joseph Leighton, deceased, made a motion for a new trial on various grounds, which was granted not only as prayed for, but to the extent of destroying the entire judgment, not only as against Harris as administrator, but…
2Cases cited10 opinions
- People v. SuttonCalifornia Supreme Court · 1887
- Potter v. National BankSupreme Court of the United States · 1880
- Gaines v. WhiteSouth Dakota Supreme Court · 1891
- Longley v. DalySouth Dakota Supreme Court · 1890
- Spottiswood v. WeirCalifornia Supreme Court · 1889
5 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Martin v. ParkinsNorth Dakota Supreme Court · 1927
- Kohlman v. HylandNorth Dakota Supreme Court · 1928
- Anderson v. First Nat. BankNorth Dakota Supreme Court · 1895
- Braithwaite v. AkinNorth Dakota Supreme Court · 1893
- State v. WeberNorth Dakota Supreme Court · 1922
28 more not listed; retrieve them via the Exa API.