Ripplinger v. Otten, 7216
| Decision Date | 08 September 1950 |
| Docket Number | No. 7216,7216 |
| Citation | 77 N.D. 531,44 N.W.2d 60 |
| Parties | RIPPLINGER et al. v. OTTEN. |
| Court | North Dakota Supreme Court |
Syllabus by the Court.
1. Upon an appeal to the Supreme Court of an action not triable de novo upon appeal, neither errors of law occurring at the trial nor the sufficiency of the evidence may be reviewed in the absence of specifications of error.
T. B. Elton, Grand Forks, for defendant and appellant.
T. H. H. Thoresen, Grand Forks, for plaintiff and respondent.
This is an action for damages arising from defendant's alleged negligent introduction of Bang's disease into plaintiff's herd of cattle. The issues in the case were submitted to a jury and a verdict was returned in favor of the plaintiffs. Judgment was rendered upon the verdict and defendant has appealed from the judgment. There are no specifications of error.
Section 28-1809, R.C.1943, provides:
There can be no question but that an action in tort tried to a jury is not triable de novo upon an appeal to the supreme court. Upon such an appeal the review is limited to the errors assigned. Baird v. First National Bank of Fessenden, 60 N.D. 286, 234 N.W. 71; First National Bank of Crary v. Bremseth, 60 N.D. 401, 234 N.W. 758; Barnum v. Gorham Land Co., 13 N.D. 359, 100 N.W. 1079. The only exception to this rule is where errors appear upon the face of the judgment roll. Wilson v. Kryger, 29 N.D. 28, 149 N.W. 721. As to such errors it is sufficient that they be argued in the brief. Wilson v. Kryger, supra. Here it is not claimed that there is any error appearing upon the face of the record. There is therefore nothing for this court to review and the judgment of the district court is accordingly affirmed.
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Lindenberg v. Folson
...judgment roll nor the sufficiency of the evidence may be reviewed in the absence of specifications of error.' See also Ripplinger v. Otten, 77 N.D. 531, 44 N.W.2d 60. In this case neither appellant served specifications of error with the notice of appeal from the judgment and none was been ......
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Mills v. Roggensack, 7776
...of the evidence to sustain the verdict * * * shall point out wherein the evidence is insufficient * * *'. In Ripplinger v. Otten, 77 N.D. 531, 44 N.W.2d 60, we 'There can be no question but that an action in tort tried to a jury is not triable de novo upon an appeal to the supreme court. Up......
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Mevorah v. Goodman
...in their brief. Secs. 28-2012, 28-2707, 28-2728 and 28-2732, NDRC 1943. Wilson v. Kryger, 29 N.D. 28, 149 N.W. 721; Ripplinger v. Otten, 77 N.D. 531, 44 N.W.2d 60. See also First Nat. Bank v. Bremseth, cited Thus, the appellants assign as error and argue in their brief that the injunction i......
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Odegaard v. Investors Oil, Inc.
...point we are concerned with the extent of our review of the judgment and the order denying the alternative motion. In Ripplinger v. Otten, 77 N.D. 531, 44 N.W.2d 60, which involved an appeal from a judgment, this court, in the syllabus, 'Upon an appeal to the Supreme Court of an action not ......