Sioux Falls Stock Yards Co. v. Ash
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha 'County. ‘ Hon. Joseph W. Jones, Judge. Action by the Sioux Falls Stock Yards Company, a corporation against Ben C. Ash, ■ to recover damages for keeping and feeding defendant’s stock at plaintiff’s stock yards. (2) To point two of the opinion, Respondent cited: Groeltz v. Armstrong Real Estate Co., 89 N. W. 21.
1DissentWhiting, J.
(dissenting.) The record herein does not, to my mind, present a case of “newly discovered evidence” relating to what took place at the time of the making of the alleged contract, but a case where a known witness was not present at the trial and no motion for continuance was presented. This fact brings this case directly under the rulings of this court in State v. Barnes, 26 S. D. 622, 129 N. W. 116, and State v Gregory, 31 S. D. 425, 141 N. W. 365.
2Cases cited2 opinions
- State v. GregorySouth Dakota Supreme Court · 1913
- State v. BarnesSouth Dakota Supreme Court · 1910