State Bank v. Bismarck Elevator & Investment Co.
North Dakota Supreme Court
Appeal from the District Court of Mercer County; Crawford, Special J. Judgment for plaintiff. Defendant appeals. When the nature of the evidence is such that no verdict for plaintiff can be found except upon mere conjecture, surmise, or suspicion, the court should grant a motion for verdict for the defendant. Scherer v. Schlaberg, 18 N. D. 421, 24 L.E.A.(N.S.) 520, 122.N. W. 1000. A mere scintilla of evidence is not sufficient to warrant submitting case to jury.
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Appeal from the District Court of Mercer County; Crawford, Special J. Judgment for plaintiff. Defendant appeals. When the nature of the evidence is such that no verdict for plaintiff can be found except upon mere conjecture, surmise, or suspicion, the court should grant a motion for verdict for the defendant. Scherer v. Schlaberg, 18 N. D. 421, 24 L.E.A.(N.S.) 520, 122.N. W. 1000. A mere scintilla of evidence is not sufficient to warrant submitting case to jury. Ibid.; 1 Jones, Ev. p. 907, and cases cited in note 51. Courts are no longer required to submit cases to juries merely because some…
1Opinion of the CourtChristianson, J.
This is an action in conversion. Plaintiff sues to recover the value of certain wheat grown during the year 1912, on certain lands in Mercer county, covered by a crop mortgage executed to the plaintiff by one Ankarberg on October 30th, 1911. The complaint is in the usual form, and alleges that Ankarberg raised a large amount of grain upon the land described in the mortgage during 1912, and that the defendant on or about October 9th, 1912, wrongfully appropriated and converted this grain to its own use. The answer puts in issue all the allegations of the complaint.
The evidence shows that the…
2Cases cited2 opinions
- Bowman v. EppingerNorth Dakota Supreme Court · 1890
- Scherer v. SchlabergNorth Dakota Supreme Court · 1909
3Cited by13 opinions
- Company "A" First Regiment North Dakota National Guard Training School v. HughesNorth Dakota Supreme Court · 1925
- Thompson v. Hannah Farmers Cooperative Elevator Co.North Dakota Supreme Court · 1956
- Scheid v. CavanaghNorth Dakota Supreme Court · 1935
- Anderson v. PhillipsNorth Dakota Supreme Court · 1918
- Cunningham v. Great Northern Railway Co.North Dakota Supreme Court · 1944
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