Swallow v. First State Bank
North Dakota Supreme Court
Appeal from the District Court of Hettinger County, Crawford and Nuchols, JJ. It is a jurisdictional prerequisite to the granting of a new trial that, the motion therefor shall set forth the grounds upon which it is made. Rev. Codes, § 7064; Hall v. Harris, 1 S. D. 279, 36 Am. St. Rep. 730,, 46 N. W. 931. Specifications of error are jurisdictional prerequisites.
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Appeal from the District Court of Hettinger County, Crawford and Nuchols, JJ. It is a jurisdictional prerequisite to the granting of a new trial that, the motion therefor shall set forth the grounds upon which it is made. Rev. Codes, § 7064; Hall v. Harris, 1 S. D. 279, 36 Am. St. Rep. 730,, 46 N. W. 931. Specifications of error are jurisdictional prerequisites. French v. Chicago, 26 S. D. 125, 128 N. W. 498; Jackson v. Ellerson, 15 N. D. 533, 108 N. W. 241. . The pretended specifications of error are defective because they fail to point out the separate errors of which complaint is made.…
1Opinion of the CourtBurke, J.
On December 23, 1909, plaintiff borrowed from tbe defendant bank the sum of $725, and to secure the debt executed a chattel mortgage upon four horses and 600 bushels of wheat. At that time plaintiff was living upon a government homestead, but had not made sufficient residence to obtain patent. A real estate mortgage covering the government homestead, securing the same indebtedness, was signed by the plaintiff and was filed for record the following day. Plaintiff insists that this mortgage was signed by him through the fraud of-the defendant’s cashier, who placed the same among the other…
2Cases cited2 opinions
- Shields v. KlopfWisconsin Supreme Court · 1887
- Giffen v. BarrSupreme Court of Vermont · 1888
3Cited by6 opinions
- Morrill v. Title Guaranty & Surety Co.Washington Supreme Court · 1917
- Davis v. RogersIdaho Supreme Court · 1951
- Swallow v. First State BankNorth Dakota Supreme Court · 1917
- Swallow v. First State BankNorth Dakota Supreme Court · 1916
- Pittsburg Mortgage Investment Co. v. CookSupreme Court of Oklahoma · 1931
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