Sherin v. Eastwood
South Dakota Supreme Court
On rehearing-. This court has overlooked the fact that the mistake was one of opinion, and necessarily continued until that opinion was changed, and that, as appears by the affidavit of Geo. H. Marquis, particularly that part of it relating to a conversation over the telephone line -with Walter H. Shu-rtleff, it contiuued until this court had ruled on May 8, 1913, and that a bill of exceptions or statement of the case was necessary.
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On rehearing-. This court has overlooked the fact that the mistake was one of opinion, and necessarily continued until that opinion was changed, and that, as appears by the affidavit of Geo. H. Marquis, particularly that part of it relating to a conversation over the telephone line -with Walter H. Shu-rtleff, it contiuued until this court had ruled on May 8, 1913, and that a bill of exceptions or statement of the case was necessary. "From the foregoing decision it would seem that that part of the record needed, but omitted, on this appeal, is a statement of the case, although not the…
1Opinion of the CourtSmith, J.
The original decision in this case will be found in Sherin v. Eastwood et al., 32 S. 95, 142 N. W. 176.
Appellants filed a petition for rehearing, upon which it was ordered that the petition for hearing be granted, “to the following extent and no further,” namely: “In order that there be further presented to this court the question of whether or not sufficient cause exists to excuse the appellants for their failure to have had settled a proper record in the trial court, so that it appears that it would not be an abuse of discretion on the part of the trial court to settle the record at this…
2Cases cited1 opinion
- Sherin v. EastwoodSouth Dakota Supreme Court · 1913
3Cited by2 opinions
- Abbott v. RudolphSouth Dakota Supreme Court · 1950
- Wiley v. HollzerCourt of Appeals for the Ninth Circuit · 1934