Belknap v. Belknap
South Dakota Supreme Court
Appeal from Circuit Court, Pennington Countjr. Hon. Lkvi McGeu, Judge. Action by James Belknap against Charles E. Belknap. From a judgment for defendant and an order denying a new trial, plaintiff appeals. An instruction is erroneous, where it assumes the existence of an issue as to a fact which is not in dispute. Texas L. & L. C. C. v. Watson', 22 S. W. 873. If it is not the expression of an opinion it is at least the assumption of a fact, either of which is error.
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Appeal from Circuit Court, Pennington Countjr. Hon. Lkvi McGeu, Judge. Action by James Belknap against Charles E. Belknap. From a judgment for defendant and an order denying a new trial, plaintiff appeals. An instruction is erroneous, where it assumes the existence of an issue as to a fact which is not in dispute. Texas L. & L. C. C. v. Watson', 22 S. W. 873. If it is not the expression of an opinion it is at least the assumption of a fact, either of which is error. Grissel v. Bank of Woonsocket, 12 S. D. 93; Wood v. Steinen, 9 S. D. no; Roberts v. First National Bank, 79 N. W. 993. If the…
1Opinion of the Court
CORSON J.
This was an action in claim and delivery to recover possession of certain horses from the defendant', three of which were branded “J- K.” on the left thigh, and one brown yearling not branded, all of the alleged value of $100, and for $25 damages for the detention of the same. The defendant by his answer denied all the allegations of the complaint not thereinafter admitted, admits that the horses described in the complaint were of die value of $100, and alleges that the said horses were the property of the defendant. The only question, therefore, presented in the case was as to the…
2Cases cited14 opinions
- Thompson v. RichardsMichigan Supreme Court · 1866
- Barnett v. StateIndiana Supreme Court · 1885
- McKenzie v. SykesMichigan Supreme Court · 1882
- Humpfner v. D. M. Osborne & Co.South Dakota Supreme Court · 1891
- Carl v. KnottSupreme Court of Iowa · 1864
9 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Werner v. Norwest Bank South Dakota, N.A.South Dakota Supreme Court · 1993
- De Noma v. Sioux Falls Traction SystemSouth Dakota Supreme Court · 1917
- Sirrine v. C. E. Graham Trust FundSupreme Court of South Carolina · 1926
- Lunschen v. BarnhartSouth Dakota Supreme Court · 1911
- Loewenthal Co. v. RibnickSouth Dakota Supreme Court · 1935
1 more not listed; retrieve them via the Exa API.