Horton v. Wright, Barrett, & Stilwell Co.
North Dakota Supreme Court
Where a motion is not made for a directed verdict, or the sufficiency of the evidence to support the verdict is not challenged by motion for a new trial, this court will not inquire into the sufficiency of the evidence to sustain the verdict. However, that the appellant may not be foreclosed of a consideration of the merits, the facts will be reviewed.
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Where a motion is not made for a directed verdict, or the sufficiency of the evidence to support the verdict is not challenged by motion for a new trial, this court will not inquire into the sufficiency of the evidence to sustain the verdict. However, that the appellant may not be foreclosed of a consideration of the merits, the facts will be reviewed. Morris v. Soo E. Co. 32 N. D. 366; Buchanan v. Elevator Co. 33 N. D. 350; Erickson v. Wiper, 33 N. D. 225; Freerks v. Nürnberg, 33 N. D. 595. “Where a motion is not made for a directed verdict, or the sufficiency of the evidence to support the…
1Per curiam
Respondent has moved in the alternative that the appeal be dismissed or the judgment affirmed. The motion is made upon the ground that the only error assigned upon this appeal is that the evidence is insufficient to sustain the verdict; and that inasmuch as the sufficiency of the evidence was not challenged in the court below either by motion for a directed verdict, or by motion for a new trial, -or at all, that question cannot be raised in this court. In support of the latter contention, respondent has cited the following decisions ,of this court: Morris v. Minneapolis, St. P. & S. Ste. M.…
2Cases cited6 opinions
- Erickson v. WiperNorth Dakota Supreme Court · 1916
- Morris v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1915
- Buchanan v. Occident Elevator Co.North Dakota Supreme Court · 1916
- Jensen v. BowenNorth Dakota Supreme Court · 1917
- Swallow v. First State BankNorth Dakota Supreme Court · 1917
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Rokusek v. National Union Fire InsuranceNorth Dakota Supreme Court · 1923
- Ellingson v. Northwestern Jobbers Credit BureauNorth Dakota Supreme Court · 1929
- Mevorah v. GoodmanNorth Dakota Supreme Court · 1953
- Westerso v. City of WillistonNorth Dakota Supreme Court · 1950
- McGee v. STOKES'HEIRS AT LAWNorth Dakota Supreme Court · 1956
16 more not listed; retrieve them via the Exa API.