Stratton v. Rosenquist
North Dakota Supreme Court
From an order of the District Court of Williams County, Fish, J. Defendant appeals. The action for fraud and deceit will not lie. There was a total failure of proof of these, upon the trial, and judgment notwithstanding the verdict should have been given.
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From an order of the District Court of Williams County, Fish, J. Defendant appeals. The action for fraud and deceit will not lie. There was a total failure of proof of these, upon the trial, and judgment notwithstanding the verdict should have been given. The question for the trial court was, not whether there was literally no evidence to sustain the charge of fraud and deceit, but whether there was any evidence that might reasonably satisfy the jury, and if such question is answered in the negative, the case should be withdrawn from the jury. 6 Ene. Ev. 50; Marshall-McCartney Co. v.…
1Opinion of the CourtChristianson, J.
This is an action for damages alleged to have arisen out of a “land deal.” The jury returned a verdict in favor of the plaintiff for $771.85. The defendant then made an alternative motion for judgment notwithstanding the verdict or for a new trial. The trial court refused to order judgment notwithstanding the verdict, but granted a new trial. The defendant appeals from such order.
Respondent contends that the order is not appealable, and after a •careful consideration of this question we have arrived at the conclusion that this contention must be sustained. This court has repeatedly held that…
2Cases cited7 opinions
- St. Anthony Falls Bank v. GrahamSupreme Court of Minnesota · 1897
- Nelson v. GrondahlNorth Dakota Supreme Court · 1903
- Starke v. WannemacherNorth Dakota Supreme Court · 1916
- Turner v. CrumptonNorth Dakota Supreme Court · 1913
- Houston v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1913
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Kinnischtzke v. City of Glen UllinNorth Dakota Supreme Court · 1953
- Stormon v. District CourtNorth Dakota Supreme Court · 1949
- Welch Manufacturing Co. v. Herbst Department StoreNorth Dakota Supreme Court · 1925
- Olson v. Ottertail Power Co.North Dakota Supreme Court · 1934
- Severin v. MedearisSouth Dakota Supreme Court · 1923
4 more not listed; retrieve them via the Exa API.