Colby v. McDermont
North Dakota Supreme Court
Appeal from District Court, Grand Forks County; Templeton, J. Action by William Colby against F. H. McDermont. Judgment for plaintiff. Defendant appeals.
1Opinion of the CourtCorliss, C. J.
This is an appeal from an order denying a motion for a new trial, and from a judgment based upon a verdict. The appellant is not in position to claim that the court erred in refusing to direct a verdict in his favor. Such motion was made at the close of the plaintiff’s case. After it was overruled, the defendant introduced evidence to support his defense. Having failed to renew his motion at the close of the case, he waived the error, if any, committed by the court in overruling his motion at *496the end of plaintiff’s case. Bowman v. Eppinger, 1 N. D. 21, 44 N. W. Rep. 1000. The appellant is not…
2Cases cited2 opinions
- Bowman v. EppingerNorth Dakota Supreme Court · 1890
- State v. School District No. 21North Dakota Supreme Court · 1897
3Cited by9 opinions
- Buchanan v. Occident Elevator Co.North Dakota Supreme Court · 1916
- Madson v. RuttenNorth Dakota Supreme Court · 1907
- First National Bank v. Red River Valley National BankNorth Dakota Supreme Court · 1900
- Ward v. McQueenNorth Dakota Supreme Court · 1904
- Tetrault v. O'ConnorNorth Dakota Supreme Court · 1898
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