Josephson v. Sigfusson
North Dakota Supreme Court
Appeal from District Court, Pembina county; Kneeshaw, J. Action by Victor L. Josephson against Sigurjon Sigfusson. Judgment for plaintiff, and defendant appeals.
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Appeal from District Court, Pembina county; Kneeshaw, J. Action by Victor L. Josephson against Sigurjon Sigfusson. Judgment for plaintiff, and defendant appeals. If the evidence permitted or prevented by surprise is probably sufficient to change the result, a new trial should be granted although such evidence is cumulative and impeaching. 14 PI. & Pr. 747; South’s Heirs v. Thomas’ Heirs, 23 Ky. 59; Leckie v. Crain, 12 La. 432; Ruggles v. Hall, 14 Johns 112; Jackson v. Warford, 7 Wend. 62; Tilden v. Gardinier, 25 Wend. 663 ; Smith v. Rawlings’ Admr. 3 S. E. 238; Griffin et al. v. Towns et al.,…
1Opinion of the CourtMorgan, J.
This is an action for a balance claimed to be due the plaintiff from the defendant on account of money collected for the plaintiff by the defendant as his agent. The answer pleads full payment. A verdict was rendered for the full amount claimed by plaintiff. Defendant made a motion for a new trial on the following grounds: (1) Alleged errors of law relating to the admission and exclusion of evidence; (2) on the ground that one of defendant’s witnesses unexpectedly failed to appear at the trial because of his sickness; (3) upon the ground that defendant was compelled to proceed to trial…
2Cases cited33 opinions
- White v. WhiteCalifornia Supreme Court · 1890
- Maybe, Kahn & Freiberg v. DukeTexas Supreme Court · 1889
- Gaines v. WhiteSouth Dakota Supreme Court · 1891
- Funk v. BabbittIllinois Supreme Court · 1895
- Foster v. HinsonSupreme Court of Iowa · 1888
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3Cited by3 opinions
- Robbins v. RobbinsNorth Dakota Supreme Court · 1955
- Bohn v. EichhorstNorth Dakota Supreme Court · 1970
- Nelson v. SquireNorth Dakota Supreme Court · 1916