Henry v. Dean
Supreme Court Of The Territory Of Dakota
APPEAL from the district court, Roberts county; Hon. L. K. Church, Judge. This was an action to redeem certain premises from a foreclosure sale. The only issue was whether or not the plaintiff had tendered to the defendant the redemption money. This issue was tried by the court without a jury; the court found the tender had not been made, filed findings in accordance therewith, and ordered judgment for the defendant.
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APPEAL from the district court, Roberts county; Hon. L. K. Church, Judge. This was an action to redeem certain premises from a foreclosure sale. The only issue was whether or not the plaintiff had tendered to the defendant the redemption money. This issue was tried by the court without a jury; the court found the tender had not been made, filed findings in accordance therewith, and ordered judgment for the defendant. The plaintiff moved for a new trial on the ground of the “insufficiency of the evidence to justify the decision.” The motion was made upon a statement, but it nowhere pointed…
1Opinion of the Court
By the Court :
The judgment of the court below is affirmed. The court holds there is no sufficient exception apparent of record as would permit this court to examine the evidence to determine whether it is sufficient to justify the findings of the court.
All concur.
2Cited by1 opinion
- Regan v. WhittakerSouth Dakota Supreme Court · 1901