State ex rel. Berndt v. Templeton
North Dakota Supreme Court
' Mandamus by tbe State, on the relation of August Berndt, against Charles F. Templeton, Judge of the District Court of the First Judicial District.
1Opinion of the CourtFisk, J.
This is an application for a writ of mandamus to compel -defendant to exercise jurisdiction to hear and determine a motion for .a new trial upon the ground of newly discovered evidence in a certain, action pending in the district court, and which was tried and decided by the court under the so-called Newman law, being § 7229, Rev. Codes 1905.
The sole question for determination on this application is the power •of the district court to entertain such motion. That such power exists, is, we think, entirely clear. Both by statute and precedents, such power is authorized. Section 7063, Rev. Codes,…
2Cases cited4 opinions
- Law, Co. v. SmithUtah Supreme Court · 1908
- McKenzie v. Bismarck Water Co.North Dakota Supreme Court · 1897
- Bank of Park River v. Town of NortonNorth Dakota Supreme Court · 1903
- Pratt v. BeisekerNorth Dakota Supreme Court · 1908
3Cited by5 opinions
- Peterson v. WolffNorth Dakota Supreme Court · 1938
- Abdalcader v. KananNorth Dakota Supreme Court · 1920
- Baker v. LenhartNorth Dakota Supreme Court · 1922
- Safeway Stores, Inc. v. CoeCourt of Appeals for the D.C. Circuit · 1943
- Safeway Stores, Inc. v. CoeCourt of Appeals for the D.C. Circuit · 1943