Williams v. Chicago & N. W. Ry. Co.
South Dakota Supreme Court
Appeal from circuit court, Clark county. Hon. J. O. Andrews, Judge. Action by M. Williams against the Chicago & Northwestern Railway Company to recover damages for the killing of stock. Verdict was given for defendant, and from an order granting a new trial defendant appeals.
1Opinion of the CourtHaney, J.
This appeal is from an order granting a new-trial upon the application of the plaintiff. Three statutory-grounds are designated in the notice of intention: (1) Irregularity in the proceedings of the court and jury; (2) misconduct of the jury; and (3) errors in law occurring at the trial. The first two of these grounds can be supported only by affidavits; the last by a bill of exceptions or statement of the case. • Comp, Laws, § 5089.
But one affidavit was served with the notice of intention. It is as follows: “E. A. Parmenter and Hans Lien, Sr., each being first duly sworn, on his oath deposes…
2Cases cited2 opinions
- Grant v. GrantSouth Dakota Supreme Court · 1894
- Edward Thompson Co. v. GundersonSouth Dakota Supreme Court · 1897
3Cited by6 opinions
- Chambers v. United StatesCourt of Appeals for the Eighth Circuit · 1916
- State v. BabbSupreme Court of Missouri · 1984
- Hampton v. Van Nest's EstateMichigan Supreme Court · 1917
- Missouri Slope Land & Investment Co. v. HasteadNorth Dakota Supreme Court · 1914
- Shann v. Disbrow & Co.South Dakota Supreme Court · 1936
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