Legal Opinion

Lund v. Upham

North Dakota Supreme Court

Decided April 14, 1908PublishedCited by 4 opinions

Appeal from District Court, Walsh county, Fisk, J. Action by Henry Lund against Nathan Upham. Verdict for plaintiff. From an -order granting a new trial, plaintiff appeals. Notice of intention is essential to the grant of a new trial.

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Appeal from District Court, Walsh county, Fisk, J. Action by Henry Lund against Nathan Upham. Verdict for plaintiff. From an -order granting a new trial, plaintiff appeals. Notice of intention is essential to the grant of a new trial. Gould v. Dakota Elevator Co., 2 N. Dak. 216, BO N. W. 969; First National Bank v. Comfort, 28 N. W. 855, 4 Dak. 167; Moddie v. Brieland, 70 N. W. 637. Motion for new trial cannot -be entertained one year and six months after notice of entry of judgment. Rev. Codes 1905, Sec. 7346; Bright v. Juhl, 93 N. W. 648 ; Kimball v. Palmerlee, 13 N. W. 129; Deering v.…

1Opinion of the CourtMorgan, C. J.

This is an appeal from an order granting a new trial on the defendant’s motion. The action was for the recovery of a judgment against the defendant for damages growing out of his refusal to comply with his alleged contract to pay the plaintiff for threshing done by him for one Johnson. The plaintiff recovered a verdict. Defendant moved for a new trial. The granting of the order for a new trial is the only error assigned. Judgment was entered on the verdict on April 1, 1905. Notice of the entry of judgment was served on April 3, 1905. Notice of intention to move *212for a new trial on statutory…

2Cases cited5 opinions

  1. Brown v. SwinefordWisconsin Supreme Court · 1878
  2. Chandler v. KennedySouth Dakota Supreme Court · 1895
  3. Mooney v. DonovanNorth Dakota Supreme Court · 1899
  4. Baumer v. FrenchNorth Dakota Supreme Court · 1899
  5. Gagnier v. City of FargoNorth Dakota Supreme Court · 1902

3Cited by4 opinions

  1. Larson v. MeyerNorth Dakota Supreme Court · 1965
  2. Clark v. JosephsonNorth Dakota Supreme Court · 1954
  3. Smith v. RiedingerNorth Dakota Supreme Court · 1959
  4. Myers v. Hagert Construction Co.North Dakota Supreme Court · 1946

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