First International Bank v. Davidson
North Dakota Supreme Court
Appeal from the District Court of Benson County, G. W. Butlz, J. Accident or surprise under our statute is an entirely separate ground for new trial, distinct from newly discovered evidence, and there seems to be no showing of such alleged accident or surprise. Josephson v. Sigfusson, 13 N. D. 317, 100 N. W; 703. Where a litigant claims on trial to be taken by surprise his remedy is by motion for continuance. He must be blameless himself. Ibid.
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Appeal from the District Court of Benson County, G. W. Butlz, J. Accident or surprise under our statute is an entirely separate ground for new trial, distinct from newly discovered evidence, and there seems to be no showing of such alleged accident or surprise. Josephson v. Sigfusson, 13 N. D. 317, 100 N. W; 703. Where a litigant claims on trial to be taken by surprise his remedy is by motion for continuance. He must be blameless himself. Ibid. The court abused its discretion in granting a new trial. Seymour v.. Davies, 32 N. D. 514, 156 N. W. 112. On the question of newly discovered…
1Opinion of the Court
Birdzell, I.
Plaintiff and respondent asserted a right to the possession of a certain mare and colt as mortgagees of one John Richter. Defendants and appellants claimed the right to possession of the same mare and colt under a subsequent mortgage. Plaintiff’s action was accompanied by claim and delivery proceedings under which the posession of the mare and colt was taken from defendants. Separate answers were interposed upon behalf of the defendants, which would reasonably apprise the plaintiff that defendants would raise a question as to whether plaintiff’s and defendants’ mortgages covered…
2Cases cited1 opinion
- Aylmer v. AdamsNorth Dakota Supreme Court · 1915
3Cited by11 opinions
- Kohlman v. HylandNorth Dakota Supreme Court · 1928
- Wagoner v. BodalNorth Dakota Supreme Court · 1917
- Mason v. UnderwoodNorth Dakota Supreme Court · 1922
- Keystone Grain Co. v. JohnsonNorth Dakota Supreme Court · 1917
- Farmers Elevator Co. v. FristadNorth Dakota Supreme Court · 1925
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