Kaslow v. Chamberlain
North Dakota Supreme Court
Appeal from District Court, Ramsey County; Cowan, J. Action by Louis Kaslow against E. J. Chamberlain. From an order setting aside a judgment' and granting defendant a new trial Plaintiff appeals. It must appear of record that motion was made on the date set in the notice. 15 Am. & Eng. Enc. Law (1st Ed.) 914, note. Stipulation must be in writing. Section 502, Revised Codes 1905; Rule 21, Dist.
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Appeal from District Court, Ramsey County; Cowan, J. Action by Louis Kaslow against E. J. Chamberlain. From an order setting aside a judgment' and granting defendant a new trial Plaintiff appeals. It must appear of record that motion was made on the date set in the notice. 15 Am. & Eng. Enc. Law (1st Ed.) 914, note. Stipulation must be in writing. Section 502, Revised Codes 1905; Rule 21, Dist. Court Rules; Chamberlain v. Hedger, 73 N. W. 75; McLaughlin v. Claussen, 48 Pac. 497; Sapp v. Aiken, 28 N. W. 24; State v. Stewart, 37 N. W. 400. The court will not'permit a party to be misled,…
1Opinion of the CourtSpalding, J.
On the 23d day of June, 1905, judgment was entered on a verdict in favor of the plaintiff and appellant and against the defendant and respondent in the district court of Ramsey county. Notice of the entry of this judgment was served June 24, 1905. June 26, 1905, the defendant served notice of intention to move for a new trial. Statement of the case was settled by the judge on stipulation of attorneys on the 23d day of October, 1905, and on the 11th day of October, 1905, the defendant served notice on plaintiff’s attorneys that on the 19th day of October, 1905, he would move the court for an…
2Cases cited8 opinions
- McLaughlin v. ClausenCalifornia Supreme Court · 1897
- Chamberlain v. HedgerSouth Dakota Supreme Court · 1897
- Allen v. Beekman: Miller's AppealWisconsin Supreme Court · 1877
- Fischer v. HannaColorado Court of Appeals · 1896
- Platt v. RobinsonWisconsin Supreme Court · 1859
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3Cited by2 opinions
- Grove v. MorrisNorth Dakota Supreme Court · 1915
- Midwest Refining Co. v. GeorgeWyoming Supreme Court · 1929