Legal Opinion

Heyrock v. McKenzie

North Dakota Supreme Court

Decided October 18, 1899PublishedCited by 16 opinions

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

  1. Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
  2. Baker v. JosephCalifornia Supreme Court · 1860
  3. Arnold v. SkaggsCalifornia Supreme Court · 1868
  4. Wright v. City of St. CloudSupreme Court of Minnesota · 1893
  5. Braithwaite v. AikenNorth Dakota Supreme Court · 1891

5 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Drinkall v. Movius State BankNorth Dakota Supreme Court · 1901
  2. State v. CrayNorth Dakota Supreme Court · 1915
  3. Pace v. North Dakota Workmen's Compensation BureauNorth Dakota Supreme Court · 1924
  4. Haser v. PapeNorth Dakota Supreme Court · 1951
  5. State v. AlbertsonNorth Dakota Supreme Court · 1910

11 more not listed; retrieve them via the Exa API.

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