Alderson v. Larson
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jonss, Judge. Action by Effie Alderson against Albert E. Larson and another, doing business as the Larson Hardware Company. Erom an order granting defendants a new trial for newly discovered evidence, plaintiff appeals.
1Opinion of the Court
•HANEY, J.
This is an appeal by the plaintiff from an order granting defendants’ application for a new trial on the ground of newly discovered evidence.
[1] A new tidal may be granted on the ground of “newly discovered evidence, material to the party making the application, which he could not, with reasonable diligence, have discovered and produced at the trial.” Rev. Code Civ. Proc. § 301, subd. 4. Such an application is addressed to the discretion of the trial court. Its decision thereon will not be reversed in absence of manifest abuse of discretion. Wilson v. Seaman, 15 S. D. 103, 87 N. W.…
2Cases cited6 opinions
- Grant v. GrantSouth Dakota Supreme Court · 1894
- State v. ColemanSouth Dakota Supreme Court · 1904
- Wilson v. SeamanSouth Dakota Supreme Court · 1901
- Hodges v. BierleinSouth Dakota Supreme Court · 1893
- C. Gotzian & Co. v. McCollumSouth Dakota Supreme Court · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Zarneke v. KitzmanSouth Dakota Supreme Court · 1921
- Dacotah Packing Co. v. BertelsonSouth Dakota Supreme Court · 1927
- State v. TappeSouth Dakota Supreme Court · 1928
- Misel v. Cottonwood Live Stock & Loan Co.South Dakota Supreme Court · 1925