Hall v. Harris
South Dakota Supreme Court
Appeal from district court, Hughes county. Hon. James Spencer, Judge. This case was first argued at the April, 1890, term of this court. The opinion thereon is published in 1 S. D. 279. This opinion is upon a rehearing. The former opinion is adhered to.
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Appeal from district court, Hughes county. Hon. James Spencer, Judge. This case was first argued at the April, 1890, term of this court. The opinion thereon is published in 1 S. D. 279. This opinion is upon a rehearing. The former opinion is adhered to. The bill of exceptions upon which the defendant’s, motion for a new trial was granted was fatally defective in that it failed to show affirmatively that the ruling of the court for error in. which the new trial was granted was excepted to at all by the defendant or was excepted to at the time the ruling was made or even at the trial. § 5079…
1Opinion of the CourtCorson, P. J.
This cause was argued and decided at a former term of this court, and the opinion is reported in 1 S. D. 279. A petition for a rehearing was presented, in which the learned counsel for plaintiff called our attention to the fact that this court overlooked in its opinion an important point made and discussed by counsel on the argument of the case, and on the showing made in the petition we granted a rehearing. A re-examination of plaintiff’s abstract and brief discloses the fact that neither in the assignment of errors ■ nor in counsel’s printed brief is the point now suggested made, but it was…
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