Gohl v. Bechtold
North Dakota Supreme Court
Erom an order of tbe District Court of Ward County granting a new trial, Leighton, J. Plaintiff appeals. Where a notice of motion for a new trial is given and served witbin the statutory time for appeal, but is not presented to and heard and determined by the court until after the expiration of the time for appeal, the trial court has no jurisdiction, and the final character of the judgment is not suspended by such proceedings.
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Erom an order of tbe District Court of Ward County granting a new trial, Leighton, J. Plaintiff appeals. Where a notice of motion for a new trial is given and served witbin the statutory time for appeal, but is not presented to and heard and determined by the court until after the expiration of the time for appeal, the trial court has no jurisdiction, and the final character of the judgment is not suspended by such proceedings. Grove v. Morris, 31 N. D. 8, 151 N. W. 779; Higgins v. Rued, 30 N. D. 551, 153 N. W. 389; Garbush v. E'irey, 33 N. D. 154, 156 N. W. 537. The jury in this case had the…
1Opinion of the CourtChristianson, J.
This is an appeal from an order of the district, court of ward county granting defendants’ motion for a new trial. The action was tried to a jury, which returned a verdict in plaintiff’s-favor. On December 11, 1915, judgment was entered pursuant to the verdict, and notice of entry of the judgment was duly served upon the defendants’ attorneys on that same day. From time to time orders were made extending the time within which to settle the statement of case and move for a new trial. The last order of extension which was made on April 18, 1916, extended the time in which to settle the…
2Cases cited5 opinions
- Skaar v. EppelandNorth Dakota Supreme Court · 1916
- Higgins v. RuedNorth Dakota Supreme Court · 1915
- Garbush v. FireyNorth Dakota Supreme Court · 1916
- Grove v. MorrisNorth Dakota Supreme Court · 1915
- Paulson v. ReedsNorth Dakota Supreme Court · 1916
3Cited by14 opinions
- Bratberg v. Advance-Rumely Thresher Co.North Dakota Supreme Court · 1931
- Clausen v. MillerNorth Dakota Supreme Court · 1933
- Downs v. Bruce Independent School District No. 49South Dakota Supreme Court · 1927
- Bovey-Shute Lumber Co. v. DonahueNorth Dakota Supreme Court · 1919
- Irwin v. SeemanSouth Dakota Supreme Court · 1920
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