C. Gotzian & Co. v. McCollum
South Dakota Supreme Court
Appeal from circuit court, Bon Homme county. Hon. E. C. Smith, Judge. Action to try the right of ownership of property. From an order setting aside a verdict for plaintiff, and granting a new trial, plaintiff appeals. The facts are stated in the opinion.
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Appeal from circuit court, Bon Homme county. Hon. E. C. Smith, Judge. Action to try the right of ownership of property. From an order setting aside a verdict for plaintiff, and granting a new trial, plaintiff appeals. The facts are stated in the opinion. Where a party claiming to have been surprised by the testimony of his own witness, makes application for a new trial on the ground of surprise, he should produce the affidavits of other persons to show his ability to make a different case by them. 2 Thompson Trial 2097; 3 Wait’s Prac., 403; Phoenix v. Baldwin, 14 Wend. 62; Rogers v. Hiñe, 1…
1Opinion of the CourtFuller, J.
Based upon a claim of ownership, this action was against a sheriff, to recover the value of a stock of boots and shoes seized and sold under an execution issued upon a judgment in favor of the Norwegian Plow Company, against Asa Coveil and another; and the appeal is from an order setting aside a verdict and granting the defendant a new trial. At the trial and after plaintiff and appellant had made a prima facie case and rested, and in support of thatpart of the answer in which it is alleged that Asa Coveil, the judgment debtor, was in fact the owner of the property in controversy, said Coveil…
2Cited by6 opinions
- Distad v. ShanklinSouth Dakota Supreme Court · 1898
- Rochford v. AlbaughSouth Dakota Supreme Court · 1903
- Security State Bank v. Bank of CentervilleSouth Dakota Supreme Court · 1923
- Alderson v. LarsonSouth Dakota Supreme Court · 1911
- Finch v. MartinSouth Dakota Supreme Court · 1900
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