Legal Opinion

Lien v. Thomson

South Dakota Supreme Court

Decided March 21, 1921No. File No. 4785PublishedCited by 1 opinion

'Appeal from Circuit Court, Marshall 'County. Hon. Raymond L. Diudman, Acting Judge. Action by Martin Rien, against A. W. Thomson.' From a judgment for plaintiff, and from an order denying new trial, defendant appeals.

1Opinion of the CourtSmith, J.

Defendant appeals, fromi a judgment and an order overruling his mbtion for a new- trial and assigns as- error: First insufficiency of the evidence to sustain the judgment; second, errors in rulings admitting and rejecting evidence.

It does not appear fromi appellant’s 'brief that it contains “a statement of all the material evidence received upon the trial.” This court, therefore, is without power to consider or pass upon the sufficiency of the evidence to support the verdict or judgment. McWaid v. Darnell, 41 S. D. 69, 168 N. W. 759. The argument in appellant’s brief contains less than a…

2Cases cited4 opinions

  1. Egan v. DotsonSouth Dakota Supreme Court · 1915
  2. Bridenbaugh v. McElrathSouth Dakota Supreme Court · 1915
  3. McWaid v. DarnellSouth Dakota Supreme Court · 1918
  4. State v. GraySouth Dakota Supreme Court · 1911

3Cited by1 opinion

  1. Sigler v. KeithSouth Dakota Supreme Court · 1926

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