Sands v. Cruikshank
South Dakota Supreme Court
Appeal from circuit court, Lawrence county. Hon. Joseph. B. Moore, Judge. Action by Martin Sands against Alexander Cruikshank and another. From an order granting defendants a new trial, plaintiff appeals. The facts are stated in the opinion.
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Appeal from circuit court, Lawrence county. Hon. Joseph. B. Moore, Judge. Action by Martin Sands against Alexander Cruikshank and another. From an order granting defendants a new trial, plaintiff appeals. The facts are stated in the opinion. The court above will not ordinarily review the action of the court below in granting or refusing a new trial upon the alleged insufficiency of the evidence to sustain the verdict of the jury or the findings of the court, unless there has been an abuse of discretion, the reason uniformly given by appellate courts for this rule is that the court below…
1Opinion of the CourtHaney, J.
This is an action to determine adverse claims to certain mining ground in Lawrence county. It was tried before Hon. A. J. Plowman without a jury. His decision was in favor of the plaintiff, and judgment was rendered accordingly. Subsequently defendants’ application for a new trial was heard and granted by Hon. Joseph B. Moore, who in the meantime had succeeded Judge Plowman as judge within and for the Eighth circuit. The grounds of the application designated in the notice of intention are insufficiency of the evidence to justify the decision, and errors in law occurring at the trial.…
2Cases cited14 opinions
- Randall v. Burk TownshipSouth Dakota Supreme Court · 1893
- Braithwaite v. AikenNorth Dakota Supreme Court · 1891
- Mckenna v. WhittakerSouth Dakota Supreme Court · 1896
- Grant v. GrantSouth Dakota Supreme Court · 1894
- Alt v. Chicago & Northwestern Railway Co.South Dakota Supreme Court · 1894
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3Cited by9 opinions
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- Tyler v. HaggartSouth Dakota Supreme Court · 1905
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- St. Anthony & Dakota Elevator Co. v. MartineauNorth Dakota Supreme Court · 1915
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