Bunker v. Taylor
South Dakota Supreme Court
Appeal from circuit court, Yankton county; Hon. E. G. Smith, Judge. Action by Lucy M. Bunker, as executrix, against C. B. Taylor and another, on a promissory note. O. B. Taylor was not served with summons, and a verdict was rendered against the other defendant, Maris Taylor, and a new trial granted him, and plaintiff appealed. The facts are stated in the opinion.
1Opinion of the CourtCorson, P. J.
This is an appeal from an order granting a new trial. On the trial of the caso the material evidence on the part of the defendant, presented by deposition and other evidence offered, was excluded by the court, and a verdict directed in favor of the plaintiff. On application of the defendant, a new trial was granted, and from the order the plaintiff appealed.
It is conceded that the new trial was granted by the court for errors alleged in excluding.defendant’s evidence and upon questions of law alone. Before proceeding to discuss the case upon the merits, there are preliminary questions of…
2Cases cited3 opinions
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