Frank v. Ruzicka
South Dakota Supreme Court
Appeal from- 'Circuit Court, 'Hand County. Hon. John F. Hughes, Judge. Action by W. O. Frank, against Anton Ruzicka. Judgment for plaintiff. From an order granting a new trial, Plaintiff appeals.
1Opinion of the CourtWhiting, J.
[i] In this action there were verdict and' judgment for plaintiff. Defendant gave notice of intention to move for new trial specifying therein all the caused for granting new trial known to our statute (section 2555, R. C. 1919), except “accident or surprise,” and giving notice that the motion would be based on the files, settled record, and affidavits. Nearly ten months thereafter defendant served his motion for new trial and attached thereto a notice of motion to be allowed to amend his notice of intention. The grounds upon which the motion to amend would be based were not set forth in the…
2Cited by3 opinions
- Houck v. HultSouth Dakota Supreme Court · 1931
- Hiller v. McNamaraSouth Dakota Supreme Court · 1931
- Moss v. KaumpSouth Dakota Supreme Court · 1937