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KERZMANN v. ROHWEDER

Civ. 10141, Civ. 10168.

321 N.W.2d 84 (1982)

Dale KERZMANN, Plaintiff and Appellee, v. Ray ROHWEDER, Defendant and Appellant, and Darrel Rausch, Defendant. Dale KERZMANN, Plaintiff and Appellee, v. Ray ROHWEDER, Defendant, and Darrel Rausch, Defendant and Appellant.

Supreme Court of North Dakota.

June 10, 1982.

Attorney(s) appearing for the Case

Jos. A. Vogel, Jr., and Marvin M. Hager, of Vogel Law Firm, Mandan, for plaintiff and appellee Kerzmann; argued by Hager.

Gordon O. Hoberg, Napoleon, for defendant and appellant Rohweder.

Malcolm H. Brown, of Bair, Brown & Kautzmann, Mandan, for defendant and appellant Rausch.

VANDE WALLE, Justice.

Ray Rohweder and Darrel Rausch appealed from the order of the district court, McIntosh County, denying a motion for a new trial. Rohweder and Rausch [hereinafter referred to as "Rohweder"] moved for a new trial after judgment had been entered against them pursuant to a jury verdict. The basis of their motion was an affidavit signed by all the jurors that the jury's answers to questions on a special-verdict form did not reflect its true verdict...

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