Legal Opinion

Daudel v. Wolf

South Dakota Supreme Court

Decided December 3, 1912PublishedCited by 8 opinions

Appeal from Circuit Court, Brule County. Hon. Fkank B. Smith, Judge. Action by C. G. Dautlel against J. H. Wolf. After defendant’s counsel liad been ejected from the courtroom by order of trial court, the trial thereafter proceeded in the absence of any attorney appearing for defendant; and a verdict was directed for plaintiff. From a judgment in favor of plaintiff and from an order denying a new trial, defendant appeals.

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Appeal from Circuit Court, Brule County. Hon. Fkank B. Smith, Judge. Action by C. G. Dautlel against J. H. Wolf. After defendant’s counsel liad been ejected from the courtroom by order of trial court, the trial thereafter proceeded in the absence of any attorney appearing for defendant; and a verdict was directed for plaintiff. From a judgment in favor of plaintiff and from an order denying a new trial, defendant appeals. This appellant contends that the circuit court at the trial of the case at bar, acted arbitrarily when it refused to allow its remarks made in the presence of the jury…

1Opinion of the CourtMcCOY, P. J.

It appears from the record in this case that during the trial, and when a witness for plaintiff was being cross-examined by counsel for defendant, defendant’s counsel asked the witness the question, “During the last seven years, how long have you been away from home?” and to which question the witness answered, “About a year and a half.” Counsel for defendant repeated the question, and the same answer was given. Counsel *417for defendant again repeated the same question-, which was objected to by counsel for plaintiff on the grounds ¡that it had already been answered and that it was immaterial to…

2Cases cited2 opinions

  1. Felt v. CleghornColorado Court of Appeals · 1892
  2. Scott v. DowMichigan Supreme Court · 1910

3Cited by8 opinions

  1. State v. NessSouth Dakota Supreme Court · 1954
  2. Danziger v. BrandesCourt of Appeals of Texas · 1970
  3. State v. SteenslandSouth Dakota Supreme Court · 1930
  4. Hansen v. BootsSouth Dakota Supreme Court · 1918
  5. State v. TrowSouth Dakota Supreme Court · 1926

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