Sonnesyn v. Akin
North Dakota Supreme Court
Appeal from District Court, Cass county; Pollock, J. Action by J. K. Sonnesyn against L. W. Akin and' G. M. Babcock. Judgment for defendants, and plaintiff appeals. The fifth ground for a motion for a new trial, viz; “Excessive damages appearing to have been given under the influence of passion or prejudice,” is available only where, though the case may be properly submitted, the jury have given damages in an unreasonable amount on account of passion or prejudice. 14 Ene.
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Appeal from District Court, Cass county; Pollock, J. Action by J. K. Sonnesyn against L. W. Akin and' G. M. Babcock. Judgment for defendants, and plaintiff appeals. The fifth ground for a motion for a new trial, viz; “Excessive damages appearing to have been given under the influence of passion or prejudice,” is available only where, though the case may be properly submitted, the jury have given damages in an unreasonable amount on account of passion or prejudice. 14 Ene. PI. & Pr. 886; Hayne on New Trials, 563, section 3; Mechelke et al. v. Bremer, 17 N. W. 682; Pratt v. Pioneer Press Co.,…
1Opinion of the CourtYoung, J.
This is an action to recover damages for fraud. The plaintiff has appealed from an order of the district court vacating the verdict and judgment entered therein in his favor and granting a new trial. The defendant’s motion for a new trial was made -upon the minutes. The granting of the motion is assigned as error. It is essential to- a correct understanding of the questions presented upon -this appeal to set out the material allegations of the complaint and answer, and also the verdict upon which the judgment vacated was based.
The complaint alleges “that on the 30th day of September, 1902,…
2Cases cited72 opinions
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- Smith v. RichardsSupreme Court of the United States · 1839
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