Peterson v. Hansen
North Dakota Supreme Court
Appeal from District Court, Stutsman county; Glaspell, J. Action by Ed. Peterson against Fred Hansen. Judgment for defendant, and plaintiff appeals. Notice of intention to move for a new trial is indispensable to such motion; and unless made within the time prescribed, the right to make such motion is waived. 14 Enc.
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Appeal from District Court, Stutsman county; Glaspell, J. Action by Ed. Peterson against Fred Hansen. Judgment for defendant, and plaintiff appeals. Notice of intention to move for a new trial is indispensable to such motion; and unless made within the time prescribed, the right to make such motion is waived. 14 Enc. PL & Pr. 879; First National Bank v. Comfort, 28 N. W. 855, 4 N. D. 167; Gould v. Duluth & Dakota Elevator Co., 2 N. D. 216, 50 N. W. 969; Gaines v. White, 50 N. W. 901; Clark v. Crane, 57 Cal. 629; Wright v. Snowball, 45 Cal. 654; Ellsasser v. Blunter et al., 26 Cal. 279.…
1Opinion of the CourtMorgan, C. J.
This is an action for damages for the conversion of 669 bushels and 13 pounds of oats. Plaintiff recovered a verdict on which judgment was entered for the sum of $267.61. Defendant moved for a new trial upon a settled statement of the case, which was granted by the district court. Plaintiff has appealed from the order granting a new trial. The specifications relied on for reversal are: (1) That the trial court abused its discretion in settling the statement of the case after the time during which it should have been done had passed, and no good cause was shown to excuse the failure to settle…
2Cases cited6 opinions
- Brown v. SmithNorth Dakota Supreme Court · 1904
- In re the Application of EvingsonNorth Dakota Supreme Court · 1891
- McDonald v. BeattyNorth Dakota Supreme Court · 1900
- Sluga v. WalkerNorth Dakota Supreme Court · 1899
- Knox v. NicoliSupreme Court of Iowa · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Massett v. SchaffnerNorth Dakota Supreme Court · 1915
- Wichita Mill & Elevator Co. v. Liberal Elevator Co.Court of Appeals for the Eighth Circuit · 1917