Catlett v. Stokes

This cause comes before the court upon rehearing; the former opinion of this court being found in 21 S. D. 108, 110 N. W. 84, by which opinion the lower court was reversed and a new trial granted.

*216We concur fully with the former opinion and with the reasoning found therein. In addition thereto, we think the facts justify the statement of another reason why the judgment of said trial court should be- reversed, as it appears from the facts as stated in the former opinion of this court, the appellant, who was defendant in the trial court, upon the trial in such trial court, alleged a certain oral…