Boshart v. National Benefit Ass'n

This case was here on a former appeal and is reported in 65 S. D. 260, 273 N. W. 7.

The judgment involved on this appeal is in favor of the plaintiff and was entered on the 1st day of February, 1938. On the 16th day of February, 1938, and within twenty days after the entry of the judgment, defendant gave notice of intention to move for a new trial, based on the ground, among others, of newly discovered evidence, and stating that as to the newly discovered evidence the motion would be made upon affidavits. On the 29th day of March, 1938, defendant served his affidavit of newly discovered…