Legal Opinion

McMillen v. Aitchison

North Dakota Supreme Court

Decided March 7, 1893PublishedCited by 5 opinions

Appeal from District Court, Cass County; McConnell, J. Action by John McMillan and Christina McMillan against John Aitchison. Plaintiffs had judgment, and defendant appeals.

1Opinion of the CourtBartholomew, C. J.

To reverse a judgment against him, based upon a verdict, the defendant and appellant assigns six errors: First, that the evidence was insufficient to support the verdict, specifying wherein it was insufficient; secoiid, that the complaint did not state facts sufficient to constitute a cause of action; third, error of the court in ruling upon the admission of evidence; fourth, error of the court in refusing to nonsuit, or direct a verdict for defendant; fifth, error of the court in refusing an instruction asked by appellant; and, sixth, that the verdict was contrary to the evidence and…

2Cases cited5 opinions

  1. Leonard v. VredenburghNew York Supreme Court · 1811
  2. First National Bank v. CarsonNebraska Supreme Court · 1890
  3. Gulf, Colorado & Santa Fe Railway Co. v. HepnerTexas Supreme Court · 1892
  4. Fuller v. Northern Pacific Elevator Co.North Dakota Supreme Court · 1891
  5. Jones v. BaconNew York Supreme Court · 1892

3Cited by5 opinions

  1. State v. KentNorth Dakota Supreme Court · 1896
  2. Schmidt v. CarpenterSouth Dakota Supreme Court · 1911
  3. Flugel v. HenschelNorth Dakota Supreme Court · 1896
  4. James River Lodge, No. 32 I. O. O. F. v. CampbellSouth Dakota Supreme Court · 1894
  5. Muller v. Thompson Yards, Inc.South Dakota Supreme Court · 1925

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