Legal Opinion
Polk v. Carney
South Dakota Supreme Court
Decided December 2, 1903PublishedCited by 3 opinions
Appeal from circuit court, Meade county. Hon. Levi McGee, Judge. Action by Charles C. Polk against James E. Carney and others, partners as Carney, Davis & Co. Prom an order granting a new trial, plaintiff appeals.
1Opinion of the CourtPuller, J.
The predominating question to be determined on this appeal from an order granting a new trial is whether the record discloses manifest abuse of judicial discretion. , The action was to recover the value of 80,000 feet of lumber as part consideration for the transfer of all the growing timber standing on certain premises formerly owned by Ernest Schleuning, and whatever rights plaintiff may have emanate from the following instrument:
*437“Rapid City, S. D., Dec. 19th, 1895.
“This contract is entered into between Ernest Schleuning of the first part and D. Twitchell of the second part, whereby the…
2Cases cited6 opinions
- Halleck v. MixerCalifornia Supreme Court · 1860
- Dark v. JohnstonSupreme Court of Pennsylvania · 1867
- Mendenhall v. . KlinckNew York Court of Appeals · 1872
- Bates v. DuncanSupreme Court of Arkansas · 1897
- Garner v. MahoneySupreme Court of Iowa · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- McCastle v. ScanlonMichigan Supreme Court · 1953
- Polk v. CarneySouth Dakota Supreme Court · 1907
- State v. CrowleySouth Dakota Supreme Court · 1906