Vidger v. Nolin
North Dakota Supreme Court
Appeal from District Court, Cass County; Pollock, J. Action by S. J. Vidger and N. A. Lewis against Angust Nolin. Judgment for plaintiffs in justice court. On appeal judgment rendered for defendant and plaintiffs appeal.
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Appeal from District Court, Cass County; Pollock, J. Action by S. J. Vidger and N. A. Lewis against Angust Nolin. Judgment for plaintiffs in justice court. On appeal judgment rendered for defendant and plaintiffs appeal. When a verdict appears to be arbitrary, or manifestly and clearly wrong; or when it appears to be the .result of passion, prejudice, or misconduct of the jury, and when it is manifestly against the weight of evidence, it is not only within the power, but it is the duty of the court to set it aside. Belt Ry. Co v. Kinmare, 83 111. App. 200; Marshall v. Ry. Co., 34 S. E. Rep.…
1Opinion of the CourtMorgan, J.
This action was commenced in justice’s court under Art. 5, Chap. 3, Justice’s Code, relating to forcible detainer of real ■estate. The complaint states a cause of action for a failure to surrender possession of such real estate after notice to quit had been duly given. The complaint further states that the plaintiffs leased the 'land described therein to the defendant for farming purposes, for the year commencing November 29, 1898, and ending November 29, 1899; that the plaintiffs reserved the right to sell such lands during said year, but by the terms of the lease bound themselves to give to…
2Cases cited17 opinions
- Yorke v. YorkeNorth Dakota Supreme Court · 1893
- Felt v. FeltWisconsin Supreme Court · 1865
- Van Every v. OggCalifornia Supreme Court · 1881
- Phillips v. Port Townsend Lodge, No. 6Washington Supreme Court · 1894
- First National Bank v. LaughlinNorth Dakota Supreme Court · 1894
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3Cited by13 opinions
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- Johns v. RuffNorth Dakota Supreme Court · 1903
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