Opinion

In Re Burris Estate

  • 72 N.W.2d 884
  • 1955 N.D. LEXIS 147
Court
North Dakota Supreme Court
Filed
Oct 26, 1955
Status
Published
Author
Sathre
On the bench
Sathre, Burke, Morris, Grim-Son, Johnson
Cited by
14 cases
Authority
More cited than 9.9%

The opinion

On Petition for Rehearing

SATHRE, Judge.

The proponent has petitioned for a rehearing. She asserts that she made a motion.in the district court for judgment notwithstanding the verdict or in the alternative for a new trial. .The motion for judgment-notwithstanding the verdict was granted. That left undetermined the'motion for a new trial. Under the rules’ announced in several decisions of thi.s court the right of the proponent to move for a new trial in the district court still remains. Nelson v. Grondahl, 13 N.D. 363 , 100 N.W. 1093 ; La Bree v. Dakota Tractor & Equipment Co., 69 N.D. 561 , 288 N.W. 476 ; Smith v. Knutson, 76 N.D. 375 , 36 N.W.2d 323 . Accordingly leave is. granted proponent to renew her motion for a new trial, such motion to be made within thirty days from the date of filing remittitur herein. If such motion is not made, judgment is directed to be entered for contestants in accordance with the original opinion herein.

Rehearing denied.

BURKE, C. j., and MORRIS, GRIM-SON and JOHNSON, JJ.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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