# In Re Burris Estate

> North Dakota Supreme Court · October 26, 1955 · 72 N.W.2d 884

URL: https://www.frixlaw.com/law-library/cases/9740993

## Case

- **Full name:** ESTATE of Henry BURRIS, Deceased. Martha B. WHELAN, Petitioner and Respondent v. Henry J. BURRIS, Thomas Burris, Frances Albert Burris, William Burris, Wallace J. Burris, Sterling A. Walker, Special Administrator of the Estate of Leo Burris, Deceased, Mildred McCann, Gertrude Narlock, Loren Burris, Gerald Burris, and Henry Burris, St. Mark’s Church of Conway, North Dakota, Respondents and Appellants
- **Court:** North Dakota Supreme Court
- **Decided:** October 26, 1955
- **Citations:** 72 N.W.2d 884; 1955 N.D. LEXIS 147
- **Precedential status:** Published
- **Opinion:** On rehearing by Sathre
- **Judges:** Sathre, Burke, Morris, Grim-Son, Johnson
- **Cited by:** 14 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9740993

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9740993. Public record. Not legal advice.