F. A. Patrick & Co. v. Nurnberg
North Dakota Supreme Court
Appeal from District Court, Stutsman county; Bwlce, Judge. Action by F. A. Patrick & Company against Herman Nürnberg. Judgment for plaintiff, and defendant appeals. Motion to suppress before jury is called is in time. Walters v. Rock, '18 N. D. 45, 115 N. W. 511; Anderson v. First Nat. Bank, 6 N. D. -497, 72 N. W. 916. Substantial compliance with law as to certificate to deposition is required. 13 Cyc.
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Appeal from District Court, Stutsman county; Bwlce, Judge. Action by F. A. Patrick & Company against Herman Nürnberg. Judgment for plaintiff, and defendant appeals. Motion to suppress before jury is called is in time. Walters v. Rock, '18 N. D. 45, 115 N. W. 511; Anderson v. First Nat. Bank, 6 N. D. -497, 72 N. W. 916. Substantial compliance with law as to certificate to deposition is required. 13 Cyc. Law & Proc. pp. 943, 944, 981. Incompetent evidence in a deposition may be excluded at trial. Raymond v. Edelbrock, 15 N. D. 231, 107 N. W. 194. Unless assignments of error refer to proper…
1Opinion of the CourtGoss, J.
Defendant appeals from a judgment rendered against him in the district court of Stutsman county. This action is for money only, brought for goods sold and delivered, and was tried to a jury. No motion for new trial, as required by § 7226 of the Revised Statutes of North Dakota for 1905, was ever made or brought on for hearing, and therefore the sufficiency of the evidence to support the verdict cannot be inquired into. Nor was any specification of error embodied in or settled as a part of the statement of the case, as provided by § 7058, N. *379D. Revised Statutes 1905, and the statement should…
2Cases cited20 opinions
- Keene v. MeadeSupreme Court of the United States · 1830
- Hedderich v. HedderichNorth Dakota Supreme Court · 1909
- Thrasher v. IngramSupreme Court of Alabama · 1858
- Moore v. BookerNorth Dakota Supreme Court · 1894
- Landis Machine Co. v. Konantz Saddlery Co.North Dakota Supreme Court · 1908
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3Cited by5 opinions
- Furst & Thomas v. ElliottIdaho Supreme Court · 1936
- Kennelly v. Northern Pacific Railway Co.North Dakota Supreme Court · 1918
- Cary Manufacturing Co. v. FerchNorth Dakota Supreme Court · 1937
- O'Leary v. SchoenfeldNorth Dakota Supreme Court · 1915
- Patterson & Stevenson Co. v. NurnbergNorth Dakota Supreme Court · 1911