Lueck v. State
Decision Date | 08 March 1941 |
Docket Number | No. 6687.,6687. |
Citation | 296 N.W. 917,70 N.D. 604 |
Parties | LUECK et al. v. STATE et al. |
Court | North Dakota Supreme Court |
OPINION TEXT STARTS HERE
Syllabus by the Court.
The question of the sufficiency of the evidence to sustain a verdict cannot be raised on appeal in the absence of a motion for a directed verdict or a motion for a new trial.
Appeal from District Court, Bottineau County; C. W. Buttz, Judge.
Action by Charles H. Lueck and Herman Lueck against the State of North Dakota, doing business as Hail Insurance Department, and Oscar E. Erickson, as Commissioner of Insurance of the State of North Dakota. From a judgment in favor of the plaintiffs, the defendants appeal.
Judgment affirmed.
W. J. Austin, Sp. Asst. Atty. Gen. (B. F. Tillotson, of Bismarck, of counsel), for appellants.
Asmundur Benson, of Bottineau, for respondents.
This is an appeal from a judgment entered in favor of the plaintiffs pursuant to a verdict of a jury.
The defendant did not move for a directed verdict and made no motion for a new trial. The specifications of error on appeal state:
“(1) That the verdict is against the law in that undisputed evidence discloses Plaintiffs' crops were materially damaged before the effective date of the insurance.
(2) That the Court erred in ordering that Judgment be entered in favor of the Plaintiffs and against the Defendants.
(3) That the Court erred in making and entering Judgment herein in favor of the Plaintiffs and against the Defendants.”
The appellant does not attempt to raise any question as to the rulings on evidence or the instructions of the trial court. The sole challenge is directed at the sufficiency of the evidence to sustain the verdict.
The record that comes before us in this case is such that we cannot consider the sufficiency of the evidence. The rule has long been established in this state that the trial court must have an opportunity to pass upon the sufficiency of the evidence to support a verdict of a jury before that sufficiency can be challenged in this court upon appeal.
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Mevorah v. Goodman
...for a new trial. Westerso v. City of Williston, 77 N.D. 251, 42 N.W.2d 429; State v. Van Horne, 71 N.D. 455, 2 N.W.2d 1; Lueck v. State, 70 N.D. 604, 296 N.W. 917; Baird v. Stephens, 58 N.D. 812, 228 N.W. 212; Olson v. Great Northern R. Co., 56 N.D. 690, 219 N.W. 209; Jacobson v. Klamann, 5......
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Westerso v. City of Williston
...54 N.D. 867, 211 N.W. 595;Olson v. Great Northern R. Co., 56 N.D. 690, 219 N.W. 209; Baird, Rec. v. Stephens, supra; Lueck v. State, 70 N.D. 604, 296 N.W. 917. In this case the defendant made no motion for a directed verdict and made no motion for a new trial. There remains then for conside......
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Westerso v. City of Williston
...54 N.D. 867, 211 N.W. 595; Olson v. Great Northern R. Co., 56 N.D. 690, 219 N.W. 209; Baird, Rec. v. Stephens, supra; Lueck v. State, 70 N.D. 604, 296 N.W. 917. In this case the defendant made no motion for a directed verdict and made no motion for a new There remains then for consideration......
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