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28-27 Appeals to Supreme Court

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CHAPTER 28-27APPEALS TO SUPREME COURT28-27-01. Appeals to supreme court. A judgment or order in a civil action or in aspecial proceeding in any of the district courts may be removed to the supreme court by appeal<br>as provided in this chapter.28-27-02. What orders reviewable. The following orders when made by the court maybe carried to the supreme court:1.An order affecting a substantial right made in any action, when such order in effect<br>determines the action and prevents a judgment from which an appeal might be<br>taken;2.A final order affecting a substantial right made in special proceedings or upon a<br>summary application in an action after judgment;3.An order which grants, refuses, continues, or modifies a provisional remedy, or<br>grants, refuses, modifies, or dissolves an injunction or refuses to modify or dissolve<br>an injunction, whether such injunction was issued in an action or special proceeding<br>or pursuant to the provisions of section 35-22-04, or which sets aside or dismisses a<br>writ of attachment for irregularity;4.An order which grants or refuses a new trial or which sustains a demurrer;5.An order which involves the merits of an action or some part thereof;6.An order for judgment on application therefor on account of the frivolousness of a<br>demurrer, answer, or reply; or7.An order made by the district court or judge thereof without notice is not appealable,<br>but an order made by the district court after a hearing is had upon notice which<br>vacates or refuses to set aside an order previously made without notice may be<br>appealed to the supreme court when by the provisions of this chapter an appeal<br>might have been taken from such order so made without notice, had the same been<br>made upon notice.28-27-02.1.Order shall describe papers on which made.Superseded byN.D.R.App.P., Rule 49.28-27-03. Appellant and respondent defined - Title to action on appeal unchanged.Superseded by N.D.R.App.P., Rule 1.28-27-04. Time for appeal. Superseded by N.D.R.App.P., Rule 4.28-27-05. How appeal taken. Superseded by N.D.R.App.P., Rules 3, 25.28-27-06. Clerk to transmit papers. Superseded by N.D.R.App.P., Rule 11.28-27-07. Record on appeal. Superseded by N.D.R.App.P., Rule 10.28-27-08. Additional time to prepare record. Superseded by N.D.R.App.P., Rule 11.28-27-09.Appeal ineffectual without undertaking.Superseded by N.D.R.App.P.,Rule 7.28-27-09.1. From whom undertaking not required unless ordered by court. Whenthe state, or any state officer, or state board, in a purely official capacity, or any publicPage No. 1corporation, or any municipal corporation within the state, takes an appeal, service of the notice<br>of appeal perfects the appeal and stays the execution or performance of the judgment or order<br>appealed from and no undertaking need be given, but the supreme court on motion may require<br>sureties to be given in such form and manner as it shall prescribe as a condition of the further<br>prosecution of the appeal.28-27-10. Deposit for undertaking - Waiver. Superseded by N.D.R.App.P., Rule 7.28-27-11. Execution not stayed without undertaking. Superseded by N.D.R.Civ.P.,Rule 62.28-27-12. Undertaking to stay execution for delivery of personalty. Superseded byN.D.R.Civ.P., Rule 62.28-27-13. To stay execution of conveyance. Superseded by N.D.R.Civ.P., Rule 62.28-27-14. Undertaking to stay execution - To sell or deliver realty. Superseded byN.D.R.Civ.P., Rule 62.28-27-15. Undertaking to stay abatement of nuisance. Superseded by N.D.R.Civ.P.,Rule 62.28-27-16.Undertaking to stay other executions.Superseded by N.D.R.Civ.P.,Rule 62.28-27-17. To stay intermediate orders. Superseded by N.D.R.Civ.P., Rule 62.28-27-18.Undertaking on orders as to provisional remedies.Superseded byN.D.R.Civ.P., Rule 62.28-27-19.From whom undertaking not required unless ordered by court.Superseded by N.D.R.Civ.P., Rule 62.28-27-20. When new undertaking required. Superseded by N.D.R.App.P., Rule 7.28-27-21. Undertakings in one instrument or several. Superseded by N.D.R.App.P.,Rule 7.28-27-22. Determining amount and effect of undertaking - Notice - Supreme courtmay make order. Superseded by N.D.R.App.P., Rules 7, 8.28-27-23. Sureties must justify. Superseded by N.D.R.App.P., Rule 7.28-27-24. Effect of perfected appeal - Perishable property. Whenever an appeal hasbeen perfected and the proper undertaking given or other act done as prescribed by this chapter<br>to stay the execution or performance of the judgment or order appealed from, all further<br>proceedings thereon must be thereby stayed accordingly, except that the court below may<br>proceed upon any other matter included in the action not affected by the judgment or order<br>appealed from and may order perishable property held under the judgment or order appealed<br>from to be sold and the proceeds paid into the court to abide the event.28-27-25.Reference to ascertain damages - Breach of undertaking.When theamount of damages to be paid by the appellant on affirmance of the judgment or order appealed<br>from pursuant to an undertaking is not fixed by the judgment or decision of the supreme court on<br>appeal, the district court, after the remittitur of the record from the supreme court is filed, may<br>order a reference to ascertain such damages, the expense of which shall be included and<br>recoverable with such damages. In all cases, a neglect for the space of thirty days after the<br>affirmance on appeal of a judgment directing the payment of money to pay the amount directed<br>to be paid on such affirmance must be deemed a breach of the undertaking on such appeal. APage No. 2neglect for the space of sixty days after the confirmation of a report of a referee, to whom a<br>reference has been ordered for the purpose of ascertaining the damages to be paid on the<br>affirmance of any other judgment or order appealed from, to pay the amount of damages so<br>ascertained, and the costs of such reference must be deemed a breach of the undertaking on<br>such appeal. The dismissal of an appeal by the appellant or by the court for want of prosecution,<br>unless the court at the time shall order otherwise, renders the sureties upon the undertaking or<br>bond given under this chapter liable in the same manner and to the same extent as if the<br>judgment or order appealed from had been affirmed.28-27-26. Amendment of appeals. Superseded by N.D.R.App.P., Rule 3.28-27-27. Motion for new trial not necessary. Superseded by N.D.R.Civ.P., Rule 59.28-27-28. Errors on face of record and intermediate orders reviewable. Supersededby N.D.R.App.P., Rule 35.28-27-29.Power of supreme court on appeals.Superseded by N.D.R.App.P.,Rule 35.28-27-29.1. Orders separately reviewable on appeal. The supreme court, without amotion for judgment notwithstanding the verdict, or a motion in the alternative for such judgment<br>or for a new trial, first made in the trial court, may review the ruling on the motion for a directed<br>verdict on appeal from the judgment, and may order judgment to be entered when it appears<br>from the testimony that a verdict should have been so directed. It also may so order on appeal<br>from an order denying a motion for judgment notwithstanding the verdict, or on appeal from an<br>order denying a motion for judgment in accordance with the motion for a directed verdict if no<br>verdict was returned.On appeal from an order made upon a motion in the alternative forjudgment notwithstanding the verdict or for a new trial, the court shall review the whole order and<br>may reverse, affirm, or modify the order as to any and all parties.28-27-30. Clerk to remit record and decision. Superseded by N.D.R.App.P., Rules 36,40, 41, 45.28-27-31.When new trial ordered - Time limited.Superseded by N.D.R.App.P.,Rule 35.28-27-32.Appeals in all actions tried to the court without a jury.Repealed byS.L. 1971, ch. 311, </p> <BR></DIV><!-- /.col.one --><!-- /.col.two --></DIV><!-- /.col.main --></DIV><!-- /div id = content --> <BR class=clear></DIV> <!-- /div id = livearea --> <DIV></DIV><!-- /.col.one --> <DIV></DIV><!-- /.col.main --> <DIV></DIV><!-- /#content --><BR class=clear> <DIV></DIV><!-- /#livearea --> <!-- Footer--> <DIV id=footer> <DIV class=container> <P class=copyright>Copyright &copy; 2012-2022 Laws9.Com All rights reserved. </P><!-- /.copyright --> <P class=footerlinks><A href="/contactus.html">Contact Us</A> | <A href="/aboutus.html">About Us</A> | <A href="/terms.html">Terms</A> | <A href="/privacy.html">Privacy</A></P><!-- /.footerlinks --> </DIV><!-- /.container --> </DIV><!-- /footer --> </BODY></HTML>