Lindsay v. Pettigrew
South Dakota Supreme Court
App.eal from circuit court, Moody, county, Hon. Frank R.. Aikens, Judge. • Action fpr damages for breach of contract. Judgment for plaintiff. Defendant appeals. The facts are stated in the opinion. An attorney in Ms argument to the jury must confine Mmself to matters wMch are in evidence, and it is reversible' error for Mm to mention and comment upon facts not in evidence wMch would tend to prejudice the jury..
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App.eal from circuit court, Moody, county, Hon. Frank R.. Aikens, Judge. • Action fpr damages for breach of contract. Judgment for plaintiff. Defendant appeals. The facts are stated in the opinion. An attorney in Ms argument to the jury must confine Mmself to matters wMch are in evidence, and it is reversible' error for Mm to mention and comment upon facts not in evidence wMch would tend to prejudice the jury.. Thompson, Trials, § 963; Brown’ v. Swineford, 44 Wis. 292; People v. Carr, 64 Mich. 702; Cleveland v. Banks, 15 Neb. 20; Festner v. Railroad, 17 Neb. 280; Koelges' v. Insurance Co., 57…
1Opinion of the CourtCorson, J.
This was an action to recover damages for breach of contract. Verdict and judgment for plaintiff. Defendant appeals. A motion was made in this court to dismiss the appeal upon the same grounds as those stated in the motion in Hawkins v. Hubbard, 2 S. D. 631, (decided by this court at its present term.) For the reasons stated in the opinion in that case the motion is denied.
A motion for a new trial was made in the court below, one of the grounds of which was “irregularities in the proceedings of the plaintiff and his attorney by which defendant was prevented from having a fair trial.” The…
2Cases cited17 opinions
- Mitchum v. StateSupreme Court of Georgia · 1852
- Brown v. SwinefordWisconsin Supreme Court · 1878
- Bullard v. Boston & Maine RailroadSupreme Court of New Hampshire · 1886
- Hall v. WolffSupreme Court of Iowa · 1883
- Cleveland Paper Co. v. BanksNebraska Supreme Court · 1883
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3Cited by17 opinions
- Taylor v. Savings Union Bank & Trust Co.California Supreme Court · 1915
- State v. GarringtonSouth Dakota Supreme Court · 1898
- State v. WilliamsSouth Dakota Supreme Court · 1898
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- City of Shawnee v. SparksSupreme Court of Oklahoma · 1910
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