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Reports of Cases Decided in the Supreme Court of the State of North Dakota Volume 40

Reports of Cases Decided in the Supreme Court of the State of North Dakota Volume 40


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1920 Excerpt: ... not have given the misleading instruction that he gave and which is first complained of. State v. Barry, 11 X. D. 428, 92 N. W. 809. The order of the District Court is reversed and a new trial is ordered. Grace, J. I concur in the result. GUST ECKSTRAND, Respondent, v. GUST JOHNSON, Appellant. (168 N. W. 824.) New trial--motion for--ground of--newly discovered evidence--judicial discretion of court--addressed to--decision will not be disturbed--unless abuse of discretion Is shown. 1. A motion for a new trial on the ground of newly discovered evidence is addressed to the sound judicial discretion of the trial court, and its ruling on the motion will not be disturbed, unless a clear abuse of discretion is shown. Trial court--new trial--motion for--discretion. 2. In the instant case it is held that the trial court did not abuse its discretion in denying a new trial. Opinion filed August 3, 1918. Appeal from the District Court of Mountrail County, Fisk, J. Defendant appeals from an order denying a new trial. Affirmed. J. C. Adamson and H. S. Blood, for appellant. On a motion for a new trial based on the ground of newly discovered evidence, and the showing is such that on a new trial the jury ought to return a different verdict, the motion should be granted. Where the plaintiff declares upon an express contract to pay a specific price or sum, he must prove the contract as alleged, or fail. Lowe v. Jensen (N. D.) 132 N. W. 66; 9 Cyc. 749 and cases cited. Combs & Ritchie, for respondent. The question here is not whether a new trial should be granted, or not, but whether or not the trial court exercised its sound, judicial discretion, or abused it, in denying the motion for a new trial. Such a motion, made on the ground of newly discovered evidence, is addressed la...


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Product Details
  • ISBN-13: 9781154245813
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 262
  • Spine Width: 14 mm
  • Width: 189 mm
  • ISBN-10: 1154245810
  • Publisher Date: 09 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 472 gr


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