Dickson ex rel. Gilford v. Salisbury
North Dakota Supreme Court
Appeal from the District Court of LaMoure County; Honorable J. A. Coffey, Judge. An appeal lies only from a judgment duly entered. An appeal does not lie from a verdict of a jury. Clark v. Van Loon (Iowa) 79 N. W. 88. Where no judgment was entered on the verdict of the jury, an appeal will not lie.
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Appeal from the District Court of LaMoure County; Honorable J. A. Coffey, Judge. An appeal lies only from a judgment duly entered. An appeal does not lie from a verdict of a jury. Clark v. Van Loon (Iowa) 79 N. W. 88. Where no judgment was entered on the verdict of the jury, an appeal will not lie. Seven Valleys Book v. Smith (Neb.) 61 N. W. 603. Unless allowed by express statutory provision, a writ of error or appeal will not lie from the verdict of a jury without an entry of judgment thereon. 3 C. J. 600. This court has held that there can be no effective judgment in this state until it is…
1Opinion
On Petition for Rehearing,
2Per curiam
Plaintiff has petitioned for a rehearing, and we have reconsidered the case. Such reconsideration has - caused no change of mind on the part of any of the members of the court. The majority members are still of the opinion that the first judgment was a final judgment. On its face it showed that it was rendered pursuant to a verdict, which decided all questions of fact in the case. Hence, the second judgment was wholly unauthorized. Miller v. Thompson, 31 N. D. 147, 153 N. W. 390.
The majority members are, also, of the belief that the trial court properly directed a…
3Cases cited1 opinion
- Miller v. ThompsonNorth Dakota Supreme Court · 1915