State ex rel. Rearick v. Leggett
South Dakota Supreme Court
Original application by the State, on relation of David Rea-rick, against Frank C. Leggett, County Auditor, and others, for an order directing the trial judge to amend the settled record, or, in lieu thereof, for an order of the Supreme Court amending such record. Order issued directing trial court to reconsider the application.
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Original application by the State, on relation of David Rea-rick, against Frank C. Leggett, County Auditor, and others, for an order directing the trial judge to amend the settled record, or, in lieu thereof, for an order of the Supreme Court amending such record. Order issued directing trial court to reconsider the application. Respondent on the appeal herein has a right to rely upon the clerk’s attaching such exhibits as have been made part of the record, in making up the record in the case in question. Ch. 178, Secs. 2, 3, Laws 1913. The question of materiality of the exhibit is for the…
1Opinion of the CourtWhiting, P. J.
[1] This is an original proceeding brought in this court under the provisions of sections 5 and 6, chapter 178, Laws 1913 (formerly sections 298 and 299, Code of Civ. Proc.), seeking either an order directing the trial judge to amend the settled record in this cause by including therein a certain exhibit received in evidence upon the trial, or, in lieu thereof, an order of this court thus amending such settled record. It appears that the trial judge was asked to so amend the settled record; that the trial court issued an order requiring the adverse party to show cause why such amendment…
2Cases cited10 opinions
- Aldrich v. Public Opinion Pub. Co.South Dakota Supreme Court · 1911
- Coulter v. Great Northern Railway Co.North Dakota Supreme Court · 1896
- Thompson v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1910
- Hedlun v. Holy Terror Mining Co.South Dakota Supreme Court · 1901
- Jones v. City of Sioux FallsSouth Dakota Supreme Court · 1904
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3Cited by5 opinions
- Hill v. City of HuronSouth Dakota Supreme Court · 1914
- Hidalgo v. Cuevas ZequeiraSupreme Court of Puerto Rico · 1917
- Hidalgo v. ZequeiraSupreme Court of Puerto Rico · 1917
- Kippen v. Grant County Milling Co.South Dakota Supreme Court · 1915
- Kremer v. Public Drug Co.South Dakota Supreme Court · 1918