(Download) "Mathelda Blum v. Standard Oil Company" by Supreme Court of North Dakota # eBook PDF Kindle ePub Free
eBook details
- Title: Mathelda Blum v. Standard Oil Company
- Author : Supreme Court of North Dakota
- Release Date : January 20, 1938
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
This is an appeal from an order granting a new trial to the plaintiff after a verdict was had for the defendant. The motion for new trial was made upon five grounds, namely, (1) accident and surprise, (2) insufficiency of the evidence, (3) that the verdict is contrary to the law of the case and the instructions of the court, (4) errors of law occurring at the trial, and (5) newly discovered evidence. The trial court filed no memorandum opinion but said in its order granting the new trial that, ""The court is convinced that it would be unjust to permit the verdict in this action to stand, that the newly discovered evidence, as contained in the affidavits submitted on behalf of the plaintiff, is of such probative force and importance as to render a different result probable on a re-trial of said action, and the court is convinced that the ends of Justice demand that the verdict in this action and the judgment entered thereon be vacated and set aside, and a new trial granted."" Section 7945, N.D. Compiled Laws, 1913, provides that the Judge shall file a written memorandum with all orders granting or refusing a new trial concisely stating the grounds upon which ruling is based ""and unless the insufficiency or unsatisfactory nature of the evidence is expressly stated in such memorandum, as a reason for granting a new trial, it shall be presumed, on appeal, that it was not on that ground."" The trial Judge having filed no memorandum, it is, therefore, presumed on this appeal that he did not grant a new trial because of the insufficiency of the evidence. He has, however, indicated in his order that the new trial was granted by him on the ground of newly discovered evidence. While this court is not bound to consider only the grounds mentioned by the trial Judge in his memorandum or order but may determine whether the order is sustainable upon any of the grounds set forth in the application (Lawler v. Ose, 60 N.D. 280, 234 N.W. 390) we will, nevertheless, devote our consideration to the matter of newly discovered evidence.
 "Mathelda Blum v. Standard Oil Company" by Supreme Court of North Dakota # eBook PDF Kindle ePub Free){kind=link}