Wolf v. Gramm
South Dakota Supreme Court
Appeal from Circuit Court, Aurora County. Hon. Frank JB. Smith, Judge. Action by J. H. Wolf against George Jacob Gramm. From a judgment for defendant and an order denying a new trial, plaintiff appeals. We would call the attention of this court specifically to the trial court’s certificate to the statement of the case.
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Appeal from Circuit Court, Aurora County. Hon. Frank JB. Smith, Judge. Action by J. H. Wolf against George Jacob Gramm. From a judgment for defendant and an order denying a new trial, plaintiff appeals. We would call the attention of this court specifically to the trial court’s certificate to the statement of the case. Although, as we have stated, this statement of the case as rewritten or engrossed was never shown to defendant or his counsel, and we never saw it until after the printed abstract was served on us on this appeal, yet since that time, we have read the Judge’s certificate to the…
1Opinion of the CourtGates, J.
All of the questions raised by the appellant depend for their solution upon a settled record which contains all of the evidence in the case. Dole v. Burleigh, 1 Dak. 227, 46 N. W. 692; St. Croix Lumber Co. v. Pennington, 2 Dak. 467, 11 N. W. 497. Furthermore, documents are appended to the record which are not incorporated in the settled record. Murphy v. Foster, 15 N. D. 556, 109 N. W. 216. The certificate of the trial judge shows that the purported record is only a statement of a part of the case, and contains only a part of the testimony introduced at the trial.
The brief of respondent,…
2Cases cited3 opinions
- Saint Croix Lumber Co. v. PenningtonSupreme Court Of The Territory Of Dakota · 1881
- Dole v. BurleighSupreme Court Of The Territory Of Dakota · 1875
- Murphy v. FosterNorth Dakota Supreme Court · 1906
3Cited by1 opinion
- Brown v. ZimmermanSouth Dakota Supreme Court · 1940