Skaar v. Eppeland
North Dakota Supreme Court
Appeal from tbe District Court of Mountrail County, Fish, J". From an order granting a new trial, plaintiff appeals. Tbe time for appeal having expired, tbe court bad no jurisdiction to entertain tbe motion or grant tbe motion for a new trial. Tbe action was no longer pending in tbe district court at tbe time of tbe motion for a new trial. New Practice Act, 1913, § 14; Code Civ.
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Appeal from tbe District Court of Mountrail County, Fish, J". From an order granting a new trial, plaintiff appeals. Tbe time for appeal having expired, tbe court bad no jurisdiction to entertain tbe motion or grant tbe motion for a new trial. Tbe action was no longer pending in tbe district court at tbe time of tbe motion for a new trial. New Practice Act, 1913, § 14; Code Civ. Proc. § 7346; Bright v. Juhl, 16 S. D. 440, 93 N. W. 648. The court’s jurisdiction over the action ceases as soon as the time for appeal has expired, and the action is no longer pending. Kimball v. Palmerlee, 29 Minn.…
1Opinion of the CourtChristianson, J.
This is an appeal from an order granting defendant’s motion for a new trial. Plaintiff sued to recover damages for certain personal injuries alleged to have been sustained at the hands of defendant, and was awarded a verdict in the sum of $1,000.
No statement of case was settled, and there is nothing to show what proceedings were had at, or subsequent to, the trial, except as evidenced by the various papers contained in the record herein, to which we will refer later.
A transcript of the evidence adduced, and the proceedings had, upon the trial, certified to by the court stenographer, has been…
2Cases cited13 opinions
- Bronson v. SchultenSupreme Court of the United States · 1882
- Erickson v. WiperNorth Dakota Supreme Court · 1916
- Martinson v. MarzolfNorth Dakota Supreme Court · 1905
- King v. HansonNorth Dakota Supreme Court · 1904
- Churchill v. FlournoyCalifornia Supreme Court · 1899
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3Cited by31 opinions
- Gravseth v. Farmers Union Oil Company of MinotNorth Dakota Supreme Court · 1961
- Reid v. EhrNorth Dakota Supreme Court · 1917
- Kohler v. StephensNorth Dakota Supreme Court · 1946
- Allen v. LewisWyoming Supreme Court · 1919
- Nevland v. NjustNorth Dakota Supreme Court · 1952
26 more not listed; retrieve them via the Exa API.