Peterson v. Miller
South Dakota Supreme Court
Appeal from Circuit 'Court, Beadle County. Hon. Aiwa E. Tayror, Judge. Action by Ben Peterson against S. M. Miller, to recover purchase price of 'merchandise sold. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. None of the plaintiff’s testimony is set out in the appellant’s statement, and of page 9 of the transcript there is only the testimony of one question, objection and answer shown at page 5 of appellant’s statement.
1Opinion of the CourtGates, J.
Appellant has assigned 66 errors. The first 51 relate to- ruling’s of the trial court upon evidence. The fifty-second assignment is predicated upon the refusal of the court to- direct a verdict for defendant. The fifty-third and fifty-fourth assignments are based upon two portions of the instructions given, to the jury. The fifty-fifth to sixty-third, inclusive, are based upon the refusal of the trial court to give defendant’s requested instructions to1 the jury. The sixty-fourth assignment is the alleged insufficiency of the evidence to justify the verdict, and contains seven particulars…
2Cases cited1 opinion
- State v. ShepardSouth Dakota Supreme Court · 1912
3Cited by12 opinions
- Inlagen v. Town of GarySouth Dakota Supreme Court · 1914
- State v. RathjinSouth Dakota Supreme Court · 1923
- State v. RobySouth Dakota Supreme Court · 1926
- Denton v. ButlerSouth Dakota Supreme Court · 1916
- Fehlhafer v. ReinersSouth Dakota Supreme Court · 1916
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