Heyrock v. McKenzie
North Dakota Supreme Court
Appeal from District Court, Pembina County; Sauter, J. Action by John Pleyrock against R. K. McKenzie. Verdict was for plaintiff, and from an order denying a new 'trial defendant appeals.
1Opinion of the CourtWallin, J.
It appears by this record that a jury trial was had, and resulted in a verdict for the plaintiff; whereupon the defendant gave notice of intention to move for a new trial upon five grounds, none of which, however, are urged in this Court except the following : First, “newly-discovered evidence material to the party making application, which he could not, with reasonable diligence, have discovered and produced at the trial;” second, “insufficiency of the evidence to justify the verdict.” Upon the second ground, the motion was based upon the minutes of the court; the first ground was presented…
2Cases cited10 opinions
- Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
- Baker v. JosephCalifornia Supreme Court · 1860
- Arnold v. SkaggsCalifornia Supreme Court · 1868
- Wright v. City of St. CloudSupreme Court of Minnesota · 1893
- Braithwaite v. AikenNorth Dakota Supreme Court · 1891
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Drinkall v. Movius State BankNorth Dakota Supreme Court · 1901
- State v. CrayNorth Dakota Supreme Court · 1915
- Pace v. North Dakota Workmen's Compensation BureauNorth Dakota Supreme Court · 1924
- Haser v. PapeNorth Dakota Supreme Court · 1951
- State v. AlbertsonNorth Dakota Supreme Court · 1910
11 more not listed; retrieve them via the Exa API.