McCann v. Gilmore
North Dakota Supreme Court
Appeal from the District Court of Pierce County, A. O. Burr, J. A motion for new trial is not directed at the judgment, hut at ■the verdict, or at the decision of fact; for a new trial is a re•examination of an issue of fact.
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Appeal from the District Court of Pierce County, A. O. Burr, J. A motion for new trial is not directed at the judgment, hut at ■the verdict, or at the decision of fact; for a new trial is a re•examination of an issue of fact. Sawyer v. Sargent (Cal.) 3 Pac. 872; Boston Tunnel Co. v. McKenzie, 67 Cal. 485, 8 Pac. 22; 3 C. •J. p. 1264, § 1380 and also 2 Cyc. 975, notes 32 and 33 and cases cited; ■Carpcntier v. Williamson, 25 Cal. 154; Spanagel v. Dellinger,38 Cal. 278; Naglee v. Spencer, 60 Cal. 10; Eaynor v. Jones, 90 Cal. 78, 27 Pac. 24; Bryson v. Bryson, 90 Cal. 323, 27 Pac. 186; Bode v.…
1Opinion of the CourtGrace, J.
Appeal from an order of the district court of Pierce county, setting aside a previous order for a hew trial, A. G. Burr, Judge.
The original action was brought by McCann to recover damages against defendant for alleged malicious prosecution of a certain criminal action against this plaintiff and respondent. In that action a judgment was entered for plaintiff on the 7th day of March, 1918. Thereafter notice of entry of judgment was served. Thereafter and on March 8, 1918, defendant served notice of motion, and motion fora new trial which was returnable on March 18, 1918, at Rugby, North Dakota.…
2Cases cited2 opinions
- King v. HansonNorth Dakota Supreme Court · 1904
- Spanagel v. DellingerCalifornia Supreme Court · 1869
3Cited by11 opinions
- Goodman v. MevorahNorth Dakota Supreme Court · 1953
- Goodman v. MevorahNorth Dakota Supreme Court · 1953
- Pleasant v. Allen Bros.Supreme Court of Oklahoma · 1937
- State v. PrinceNorth Dakota Supreme Court · 1954
- State v. HagenNorth Dakota Supreme Court · 1926
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