Root v. Bingham
South Dakota Supreme Court
Appeal from Circuit Court, Marshall County.- Hon. J. H. McCoy, Judge. Action by Currie Root and another against George Bingham. There was a verdict for plaintiffs; and they appeal from an order granting a new trial.
1Opinion of the CourtHaney, J.
This is an appeal by the plaintiffs from an order granting a new trial. Among the statutory grounds designated in the notice of intention was insufficiency of the evidence to justify the verdict. The order does not specify the grounds upon which it was based. It is well settled in this jurisdiction that an application for a new trial on the ground of insufficiency of the evidence is addressed to the sound discretion of the trial court, that the ruling thereon will not be reversed in absence of manifest abuse of discretion, and that a stronger showing will be required when the order grants…
2Cases cited8 opinions
- Murray v. BuellWisconsin Supreme Court · 1889
- Grant v. GrantSouth Dakota Supreme Court · 1894
- Alt v. Chicago & Northwestern Railway Co.South Dakota Supreme Court · 1894
- Hodges v. BierleinSouth Dakota Supreme Court · 1893
- Rochford v. AlbaughSouth Dakota Supreme Court · 1903
3 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Herndon v. HerndonSouth Dakota Supreme Court · 1981
- Dacy v. GorsSouth Dakota Supreme Court · 1991
- State Ex Rel. Fletcher v. District CourtSupreme Court of Iowa · 1931
- Gibson v. Morris State BankMontana Supreme Court · 1914
- Grant v. MichaelsMontana Supreme Court · 1933
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