Willoughby v. Smith
North Dakota Supreme Court
Appeals from the District Court, Eddy County; J. A. Oojfey, J. Judgments were entered in four separate actions, and orders denying new trials were entered in each action. Erom such judgments and orders defendant appeals. It was for the jury to determine under the evidence, who was the owner of the property; and witnesses should not have been allowed to usurp this prerogative by stating mere conclusions. American Soda Fountain Co. v. Hogue, 1Y N. D. 3Y5, 1Y L.R.A.
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Appeals from the District Court, Eddy County; J. A. Oojfey, J. Judgments were entered in four separate actions, and orders denying new trials were entered in each action. Erom such judgments and orders defendant appeals. It was for the jury to determine under the evidence, who was the owner of the property; and witnesses should not have been allowed to usurp this prerogative by stating mere conclusions. American Soda Fountain Co. v. Hogue, 1Y N. D. 3Y5, 1Y L.R.A. (N.S.) 1113, 116 N. W. 339. By reason of the rulings of the court permitting witnesses to testify to conclusions and mere opinions,…
1Opinion of the CourtEisK, J.
The record in this case is somewhat anomalous, as it brings before us for review the proceedings in four separate and distinct lawsuits, the appellant having appealed from four separate judgments, and from four separate orders denying motions for a new trial. Briefly stated the facts are as follows:
In May, 1908, the appellant in these appeals commenced an action against one Ellis Willoughby to recover the possession of certain horses, cattle, and farm machinery, for the purpose of foreclosing certain alleged mortgages thereon, executed and delivered by said Willoughby to appellant. Thereafter…
2Cited by10 opinions
- Erickson v. WiperNorth Dakota Supreme Court · 1916
- Morris v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1915
- Enget Ex Rel. Enget v. NeffNorth Dakota Supreme Court · 1950
- Montana-Dakota Utilities Co. v. AmannNorth Dakota Supreme Court · 1957
- O'Dell v. HineyNorth Dakota Supreme Court · 1922
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