§ 28-27-25 — Reference to ascertain damages - Breach of undertaking

North Dakota § 28-27-25

• Jurisdiction: North Dakota
• Title 28: Judicial Procedure, Civil
• Ch. 28-27: Appeals to Supreme Court

Text

When the amount of damages to be paid by the appellant on affirmance of the judgment or
order appealed from pursuant to an undertaking is not fixed by the judgment or decision of the
supreme court on appeal, the district court, after the remittitur of the record from the supreme
court is filed, may order a reference to ascertain such damages, the expense of which shall be
included and recoverable with such damages. In all cases, a neglect for the space of thirty days
after the affirmance on appeal of a judgment directing the payment of money to pay the amount
directed to be paid on such affirmance must be deemed a breach of the undertaking on such
appeal. A neglect for the space of sixty days after the confirmation of a report of a referee, to
whom a reference has been ordered for the purpose of ascertaining the damages to be paid on
the affirmance of any other judgment or order appealed from, to pay the amount of damages so
ascertained, and the costs of such reference must be deemed a breach of the undertaking on
such appeal. The dismissal of an appeal by the appellant or by the court for want of prosecution,
unless the court at the time shall order otherwise, renders the sureties upon the undertaking or
bond given under this chapter liable in the same manner and to the same extent as if the
judgment or order appealed from had been affirmed.