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Reports of Cases Decided in the Supreme Court of the State of North Dakota (Volume 25)

Reports of Cases Decided in the Supreme Court of the State of North Dakota (Volume 25)


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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. 1914. Excerpt: ... APPEAL AND ERROR--continued. Decisions Reviewable. Decision of county commissioners while equalizing assessments, see Taxation, 6. 1. An order denying a motion for judgment non obstante veredicto is nonappeal-able. Houston v. Minneapolis, St. P. & S. Ste. M. R. Co. 469. 2. An order denying a motion for judgment notwithstanding the verdict does not come within subdivision 1 of 7225, Rev. Codes 1906, making appealable an order affecting a substantial right in any action, when such order in effect determines the action and prevents a judgment from which an appeal might be taken; to be reviewed upon appeal, such an order must be in-cluded in or connected with a denial of a motion for a new trial. Turner v. Crumpton, 134. 3. Appeal may be taken from a part of a judgment in a suit tried under 7229, Rev. Codes 1905, commonly known as the Newman act, by a party who contents himself with the findings of fact made by the trial court and takes the appeal to review whether such part of the judgment is supported in law under such facts, since the section is not in itself a complete enact-ment upon appeals but deals mainly with the retrial of questions of fact by the supreme court, and, where the findings of fact in such a suit by the trial court are left unassailed, the matter of appealing is governed by the general appeal law covered by chapter 15 of the 1905 Rev. Codes, so that 7205, which allows appeal from a part as well as from the whole, of a judgment, governs. Christ v. Johnstone, 6. Presentation And Reservation In Lower Court Of Grounds Of Review. On criminal prosecution, see Criminal Law, 17-19. 4. An objection properly interposed to a general question covers all subsequent questions on the same subject propounded to the same witness, and...


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Product Details
  • ISBN-13: 9781154282825
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 264
  • Spine Width: 14 mm
  • Width: 189 mm
  • ISBN-10: 1154282821
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 476 gr


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