McGinnity v. J. I. Case Threshing Machine Co.
North Dakota Supreme Court
Appeal from an order of the District Court of Williams County, Honorable Frank F. Fisk, Judge. Excusable neglect on the part of the attorney of record is sufficient ground to warrant the court in granting a new trial. Where legal'surprise is clearly shown a new trial should be granted. Citizens’ Nat.
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Appeal from an order of the District Court of Williams County, Honorable Frank F. Fisk, Judge. Excusable neglect on the part of the attorney of record is sufficient ground to warrant the court in granting a new trial. Where legal'surprise is clearly shown a new trial should be granted. Citizens’ Nat. Banl?: v. Branden, 19 N. D. 489, 27 L.R.A.(N.S.) 858, 126 N. W. 102. Where motion for new trial is made on the grounds of accident, surprise, or inadvertence of the plaintiff or the plaintiff’s attorney, the order is granted or denied at the discretion of the trial court. Slocum v. McLaren, 109…
1DissentChristianson, J.
" I dissent. Tbe sole question presented on this appeal is whether tbe trial court erred in denying plaintiff’s motion for a new trial based on tbe ground of accident or surprise, which ordinary prudence could not have guarded against.
Tbe undisputed evidence shows that on September 15, 1913, tbe plaintiff executed and delivered to the local sales agents óf tbe defend*305ant an order or purchase contract for a certain gas-tractor plowing outfit. The order specifically provided that it was “taken subject to approval, and is to be sent to the company for acceptance or rejection.” The defendant…
2Cases cited4 opinions
- Ernster v. ChristiansonSouth Dakota Supreme Court · 1909
- Matoushek v. Dutcher & SonsNebraska Supreme Court · 1903
- Palmer v. BurleighNebraska Supreme Court · 1903
- Crowell v. HarveyNebraska Supreme Court · 1890