Clark Implement Co. v. Wadden
South Dakota Supreme Court
Appeal from Circuit Court, Buffalo County. Hon. Erank B. Smith, Judge. Action by Clark Implement Company against Mary J. Wad-den and another, on equity side of court. Erom an order granting a new trial, plaintiff appeals. The court’s decision in this case was made on the 9th day of May, 1911, and not until the 28th day of November following, almost seven months thereafter, was this notice of intention to move for a new trial served. Section 306 of our Code of Civ.
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Appeal from Circuit Court, Buffalo County. Hon. Erank B. Smith, Judge. Action by Clark Implement Company against Mary J. Wad-den and another, on equity side of court. Erom an order granting a new trial, plaintiff appeals. The court’s decision in this case was made on the 9th day of May, 1911, and not until the 28th day of November following, almost seven months thereafter, was this notice of intention to move for a new trial served. Section 306 of our Code of Civ. I’roc. above referred to, provides "that a court or judge may, upon good came shozm, in furtherance of justice, extend the time…
1Opinion of the CourtMcCOY, P. J.
This is an appeal from an order granting a new trial.
Appellant contends (1) that the time for serving notice of intention to move for new trial had long expired before service of notice of intention; (2) that no cause for new trial was shown to exist. The action was on the equity side of the court. Defendants appeared and answered by -attorney. The .cause came on for trial and was heard upon plaintiff’s evidence on the 9th day of May, 1911. Neither defendants nor their attorney were present at the trial. On November 28, 1911, defendant Mary J. Wad-don served notice of intention to move for…
2Cases cited2 opinions
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3Cited by6 opinions
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