Jones Lumber & Mercantile Co. v. Faris
South Dakota Supreme Court
Appeal from circuit court, Edmunds county. Hon. H. G. Fuller, Judge. The respondent moves to strike out certain portions of appellant’s abstract. The facts are fully stated in the opinion.
1Opinion of the CourtKellam, J.
This case is now before us on respondent’s motion to strike from appellant’s abstract all that purports to show the proceedings before the trial court, upon the following grounds: “(1) As appears from said abstract, no motion for a new trial was made by appellant to the lower court. (2) No bill of exception as appears from said abstract, was settled in this cause. (3) The notice of appeal served by appellant does not require or demand a review of an order denying a motion for a new trial, ora review of the evidence or rulings of the court.”
A motion for a new trial is not a prerequisite to an…
2Cases cited6 opinions
- Pierce v. ManningSouth Dakota Supreme Court · 1892
- Carpentier v. WilliamsonCalifornia Supreme Court · 1864
- Evenson v. WebsterSouth Dakota Supreme Court · 1892
- Brown v. TollesCalifornia Supreme Court · 1857
- Thompson v. Silvers & HoffmanSupreme Court of Iowa · 1882
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3Cited by17 opinions
- Keyes v. BaskervilleSouth Dakota Supreme Court · 1919
- Searles v. ChristensenSouth Dakota Supreme Court · 1894
- Miller v. WaySouth Dakota Supreme Court · 1894
- Carroll v. NisbetSouth Dakota Supreme Court · 1897
- Kinard v. KaelinCalifornia Court of Appeal · 1913
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