Johnson v. Sayer
South Dakota Supreme Court
Appeal from Circuit Court, Marshall County. Hon. Frank McNulty, Judge. Action by Adolph Johnson against Rose E. Sayer, in claim and delivery. From a judgment for plaintiff, and' from an order denying a new trial, defendant appeals.
1Opinion of the CourtWhiting, J.
This is an action in replevin. Verdict and judgment were for the plaintiff. Upon this appeal the only matter urged by the appellant is the alleged insufficiency of the evidence to support the verdict. Inasmuch as the record does not show, any motion for directed verdict, the only manner in which the insufficiency of this evidence could be called to the attention this court would be through an assignment assigning as error the overruling of appellant’s motion for new trial. No such assignment appearing in appellant’® brief, this court has no jurisdiction to consider the alleged insufficiency…
2Cited by1 opinion
- Meeker v. City of MadisonSouth Dakota Supreme Court · 1917