Braun v. Martin

4 Citing cases

  1. Andrews v. O'Hearn

    387 N.W.2d 716 (N.D. 1986)   Cited 102 times
    Permitting ex parte communication for administrative matters

    As can be seen from the quoted material, this rule forecloses appellate review of alleged errors in instructions which were not raised on the motion for a new trial. See also Braun v. Martin, 70 N.D. 216, 293 N.W. 317 (1940); Isensee Motors v. Godfrey, 61 N.D. 435, 238 N.W. 550 (1931); Stoll v. Davis, 26 N.D. 373, 144 N.W. 433 (1913). IV PRESUMPTION-OF-TRUTH INSTRUCTION

  2. Lindenberg v. Folson

    138 N.W.2d 573 (N.D. 1965)   Cited 32 times
    In Lindenberg v. Folson, N.D., 138 N.W.2d 573, plaintiff received a judgment, for injuries inflicted, against her employer and the manufacturer of a machine which she alleged to be defective.

    Nevland v. Njust, 78 N.D. 747, 51 N.W.2d 845; Enget v. Neff, 77 N.D. 356, 43 N.W.2d 644; Jacobs v. Bever, 79 N.D. 168, 55 N.W.2d 512; Montana-Dakota Utilities Co. v. Culver, N.D., 80 N.W.2d 541; Montana-Dakota Utilities Co. v. Amann, N.D., 81 N.W.2d 628; Mills v. Roggensack, N.D., 92 N.W.2d 722; Long v. People's Department Store, N.D., 95 N.W.2d 904; Sullwold v. Hoger, N.D., 110 N.W.2d 457; C. M., Inc., v. Northern Founders Insurance Company of North Dakota, N.D., 112 N.W.2d 827. It is also well settled that where a motion for new trial is made, errors of law, including errors in instructions, not specified in the motion for a new trial, are waived. Redahl v. Stevens, 64 N.D. 154, 250 N.W. 534; Braun v. Martin, 70 N.D. 216, 293 N.W. 317; Enget v. Neff, 77 N.D. 356, 43 N.W.2d 644; Morton v. Dakota Transfer Storage Co., 78 N.D. 551, 50 N.W.2d 505; Goodman v. Mevorah, 79 N.D. 653, 59 N.W.2d 192; Montana-Dakota Utilities Co. v. Culver, N.D., 80 N.W.2d 541; Mills v. Roggensack, N.D., 92 N.W.2d 722. However, we have reviewed the errors set forth and argued in the respective briefs of the defendants and their oral argument before this court.

  3. Goodman v. Mevorah

    79 N.D. 653 (N.D. 1953)   Cited 13 times
    In Goodman v. Mevorah, 79 N.D. 653, 59 N.W.2d 192, it was held that where an order denying a motion for a new trial is made after judgment an appeal from the judgment alone does not bring up for review the order denying a new trial.

    "Plaintiff's remaining specifications of error relate to the judge's instructions to the jury and his refusal to give certain requested instructions. Some of the instructions specified as error upon appeal were not specified as error upon the motion for a new trial and no error was specified upon the motion for new trial because of a refusal to give requested instructions. It is well settled that where a motion for a new trial is made, errors of law, including errors in instructions, not specified in the motion for a new trial are waived. Redahl v. Stevens, 64 N.D. 154, 250 N.W. 534; Braun v. Martin, 70 N.D. 216, 293 N.W. 317; Enget v. Neff, 77 N.D. 356, 43 N.W.2d 644. We shall therefore consider only those specifications asserted both on the motion for a new trial and upon this appeal.

  4. Morton v. Dakota Transfer Storage Co.

    50 N.W.2d 505 (N.D. 1951)   Cited 3 times

    Plaintiff's remaining specifications of error relate to the judge's instructions to the jury and his refusal to give certain requested instructions. Some of the instructions specified as error upon appeal were not specified as error upon the motion for new trial and no error was specified upon the motion for new trial because of a refusal to give requested instructions. It is well settled that where a motion for a new trial is made, errors of law, including errors in instructions, not specified in the motion for a new trial are waived. Redahl v. Stevens, 64 N.D. 154, 250 N.W. 534; Braun v. Martin, 70 N.D. 216, 293 N.W. 317; Enget v. Neff, 77 N.D. 356, 43 N.W.2d 644. We shall therefore consider only those specifications asserted both on the motion for a new trial and upon this appeal.