Vassilos v. Arnold

Appeal by contestant in a will contest from a judgment in favor of the proponent and from an order denying new trial. This is the second appeal in this case. See 47 S. D. 147, 196 N. W. 545, for the former opinion.

The second trial was had to a jury before the opinion of this court was handed down in State v. Nieuwenhuis, 49 S. D. 181, 207 N. W. 77. That opinion held unconstitutional the portion of section 3564, Rev. Code 1919, which declared that the verdict of a jury in the circuit court, on appeal from the county court, should have the same force and effect as a verdict in an action at law.…