Sayer v. Lee
South Dakota Supreme Court
Appeal from 'Circuit Court, Marshall -County. Hon. Thomas L. Boucic, Judge. Action by Rose E. Sayer, against Fred1 N. Lee, to recover damages for alleged fraudulent representations in an exchange of lands for personalty. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals.
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Appeal from 'Circuit Court, Marshall -County. Hon. Thomas L. Boucic, Judge. Action by Rose E. Sayer, against Fred1 N. Lee, to recover damages for alleged fraudulent representations in an exchange of lands for personalty. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. (3) To point three of the opinion, Appellant cited: Reiuber v. Negles, 126 N. W. 966. (4) To point four, Appellant cited: Johnson v. Mullen, 167 N. W. 326; Westby v. Washington B. K. & M. Co., 82; Clifford v. Denver, 20 P. 333; Root v. Bingham, 26 S.' D. 118; 128 N. W. 132; 'Sharon v.…
1Opinion of the CourtSmith, J.
Action to recover damages for alleged fraudulent representations in a transaction involving an exchange of lands along the shore of Waubay Lake in Day county, for personal property owned by plaintiff. Verdict for plajntiff for. $3,000 damages. Plaintiff moved for a new trial, which was granted. Defendant appeals.
[1, 2] The only assignment of error upon such an appeal is error in sustaining the motion for a new trial. A distinction is to be observed between assignments of error necessary -upon an appeal from an order granting, and an order refusing, a new trial. In the latter case it is…
2Cases cited18 opinions
- McDonald v. . WalterNew York Court of Appeals · 1869
- Root v. BinghamSouth Dakota Supreme Court · 1910
- Tathwell v. City of Cedar RapidsSupreme Court of Iowa · 1903
- Drew v. LawrenceSouth Dakota Supreme Court · 1916
- Hall v. The Bark "Emily Banning"California Supreme Court · 1867
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3Cited by3 opinions
- Hanisch v. BodySouth Dakota Supreme Court · 1958
- Haser v. PapeNorth Dakota Supreme Court · 1951
- Shann v. Disbrow & Co.South Dakota Supreme Court · 1936