Thress v. Zemple
North Dakota Supreme Court
Appeal from judgment entered in District Court, Stark County, •Crawford, J., for the plaintiff, and from an order refusing to vacate ¡the same. When the remittitur says, “Order affirmed and case remanded for further proceedings,” it means that the order of the lower court granting new trial is upheld, and that the case must he retried in lower court. 4 C. J. 1113, § 3095; Schumacher v. G-. N. R. Co. 23 N. D. 231; Comp.
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Appeal from judgment entered in District Court, Stark County, •Crawford, J., for the plaintiff, and from an order refusing to vacate ¡the same. When the remittitur says, “Order affirmed and case remanded for further proceedings,” it means that the order of the lower court granting new trial is upheld, and that the case must he retried in lower court. 4 C. J. 1113, § 3095; Schumacher v. G-. N. R. Co. 23 N. D. 231; Comp. Laws 1913, §§ 7643, 7844; Cahn v. Tootle (Kan.) 48 Pac. 919; Ball v. Rankin (Okla.) 101 Pac. 1105. The court cannot consider matters not properly before it. 4 C. J. 1112-1114;…
1Opinion of the Court
Bronson, .J.
This is an appeal from a judgment rendered October 7, 1918, and from the order refusing to vacate the same. The action, originally commenced in March, 1914, was tried in December, 1915, before a jury, and, pursuant thereto, judgment was rendered for the defendant in December, 1916. Thereafter, in June, 1917, upon a motion made for judgment non obstante, or, in the alternative, for a new trial, the trial court granted a new trial. Thereupon, the defendant appealed from such order, and in the month of September, 1918, this court in its opinion (40 N. D. 510, 169 N. W. 79) held that…
2Cases cited3 opinions
- Ennis v. Retail Merchants Ass'n Mutual Fire InsuranceNorth Dakota Supreme Court · 1916
- Schumacher v. Great Northern Railway Co.North Dakota Supreme Court · 1912
- Thress v. ZempelNorth Dakota Supreme Court · 1918
3Cited by7 opinions
- Ragan v. LooneySupreme Court of Missouri · 1964
- Bale v. BrudevigNorth Dakota Supreme Court · 1950
- Olson v. Gowan-Lenning Brown Co.North Dakota Supreme Court · 1921
- Strand v. LarsonNorth Dakota Supreme Court · 1920
- Granger v. LutherSouth Dakota Supreme Court · 1920
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