Northern Pacific Railway Co. v. Barlow
North Dakota Supreme Court
Appeal from the District .Court,'Foster county; Edward T. Burke, J. Action by the Northern Pacific Railway Company against Harriet A. Barlow. Judgment for plaintiff, and defendant appeals. A stipulation of facts between litigants has the force of a contract, ór a verdict of a jury, ánd requires the same, or as strong reasons, to set it aside or vacate it. Bingham v. Winona County, 6 Minn. 136, Gil. 87; Rogers v. Greenwood, 14 Minn. 333, Gil. 256; 1 Greenl.
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Appeal from the District .Court,'Foster county; Edward T. Burke, J. Action by the Northern Pacific Railway Company against Harriet A. Barlow. Judgment for plaintiff, and defendant appeals. A stipulation of facts between litigants has the force of a contract, ór a verdict of a jury, ánd requires the same, or as strong reasons, to set it aside or vacate it. Bingham v. Winona County, 6 Minn. 136, Gil. 87; Rogers v. Greenwood, 14 Minn. 333, Gil. 256; 1 Greenl. Ev. 206; Gresley, Eq. Ev. 457, 460. ■ 1 Stipulations are encouraged by courts. Lewis v. Sumner, 13 Met. 269; Burbank v. Rockingham Mut. E.…
1Opinion of the CourtFisk, J.
(After stating the facts as above). It is strenuously insisted by respondent’s counsel that the order complained of is not appeal-able. As to that portion of the order vacating the judgment, such contention is no doubt sound. The judgment was adverse to defendant,, hence she was not aggrieved by the order vacating the same, but the order goes much farther than a mere vacation of the judgment; it sets aside the findings of fact and, in fact, grants a new trial. Not only this, but it goes farther and nullifies and destroys a solemn stipulation entered into between the parties covering most of…
2Cases cited7 opinions
- Bolton v. DonavanNorth Dakota Supreme Court · 1900
- Plano Manufacturing Co. v. KaufertSupreme Court of Minnesota · 1902
- City of Lincoln v. Lincoln Street-Railway Co.Nebraska Supreme Court · 1903
- Keens v. RobertsonNebraska Supreme Court · 1896
- Ryan v. Mayor of New YorkNew York Court of Appeals · 1897
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