Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-12-21
supreme COURT

TWO DECISIONS HANDED DOWN
- MOTION FOR NEW TRIAL
FALLS ,lF NOT HEARD AT TIME
sET-iNTERvENoR NOT EN-
TITLED TO TRIAL BY COURT
WHEN NO EQUITABLE ISSUES
ARE PRESENTED BY PLEAD.
lNGS. Il. &. RI 81 $s8s ss S5s
Harris Arenson, respondent, v. Hans
oppegard as sheriff Of Barnes eoun-
~, NJ. NJ, defendant, and Northwest
Threst,er company, 4 corporation,
inteNenor appellants 5lg /.
Plaintiff brought an action for dam
ages for the conversion of grain rails
ed on his land by a tenant under a.
written lease. The lease provided
that the title to. the grain should be
in the landlord until a division there
of and that he could hold the same
until he had been paid for all adj
vance made to the tenant under the
contract. Prior to a division OF the
grain, the tenant mortgaged his UNI
divided one-half thereof to secure an
Indebtedness due to a third person,
and the mortgage took possession Of
the grain and sold the same under the
chattel mortgage, through an agent.
Plaintiff brought this action against
the agent for damages and the mort
gagee was permitted to intervene. s
Held; That the intewenor was not
entitled to trial by the court as no
equitable issues were presented By.
the pleadings. s... 3 \: =S U, Il
Special damages ON conversion OF
property are allowed under section
6585, subdivision 3, r. C.Si9o5. only
when property incurred in pursuit: Of
the property. 5 II. 81. :5.5 In
Evidence examined, and, Held That
the verdict is excessive as to certain
SUMS, warranting the granting Of a
new trial unless such sums are re-
mitted. $ss;ss,; u, Sas5a
Appeal from the district court Of
Barnes county; Hon. E. T. Burke,
Judge. .s,5 :si
| Action for damages for the alleged
unlawful conversion Of grain.
4 New trial ordered unless the plain
tiff shall, within ten days after the
remittitur is fled In the office of the
clerk of the district court, consent In
writing that the Judgment be reduced
i in the sum of s353.26. sss
1 Ball, Watson, Young and Hardy for
4 appellants. ~ .:lss III 3I-8
Il Lee Combs for respondent
j Opinion by Morgan, chief justice
i ALI concur.
! Louis kasloW, appellant, v. z. u. Cham
/ beriain, respondent.
A motion for new trial was dul,
noticed for hearing on a day ant
i hour named, at chambers Of the judge
! OF the district court Of the proper dis
VI trict. On the day set for the motion
the judge was not present and nj
G proceedings were had Held; That i,
Ii the absence of an order continuing TIL
!. hearing or a written stipulation t
that effect, the motion went dowI
{ and could not again be taken up witt
d out new notice or formal consent {
n the party on whom 1t was served.
ell Courts cannot take Jurisdiction [
vi hear a motion for new trial on
IL verbal agreement that 1T may do s.
81 claimed by one party, and denied
/. the other.
IA Appeal from an order Of the distri,
vi court OF Ramsey county, granting
"a new trial; Hon. } F. Cowan, judg
81 Reversed. s
ii Anderson and Traynor for appellan
- Burke and Middaugh for respon
III emf.
r Opinion BY spalding, Judge. All 60
u cur.
An opinion was also filed In Il
ID case Of Ferris vs.. Jensen, an appe
ty from the district court Of Foster cou
st ty. The Judgment Of the trial court
e. reversed and that court ordered
re dismiss the action Opinion by F'ia
hf i1tdpa Il ii ro,c,y,s e.
DO
IS, Silver plated knives, forks Al
We spoons, handsome christmas lii
BY French & Welch, the hardware MAJ