T. W. Child & Co. v. Fuller & Johnson Manufacturing Co.
South Dakota Supreme Court
Appeal from Circuit Court, Spink County. Hon. Alva E. Tayror, Judge. Action by T. W. Child & Company against the Fuller & Johnson Manufacturing Company, to recover for conversion of personalty. From an order denying an application to vacate a verdict directed against plaintiff upon its failure to produce evidence on trial, plaintiff appeals.
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Appeal from Circuit Court, Spink County. Hon. Alva E. Tayror, Judge. Action by T. W. Child & Company against the Fuller & Johnson Manufacturing Company, to recover for conversion of personalty. From an order denying an application to vacate a verdict directed against plaintiff upon its failure to produce evidence on trial, plaintiff appeals. While the granting of relief is within the discretion of the court, we think this case comes within the rule in Searle v. Christensen, 5 S. D. 650, in which the court holds that a refusal of relief in a meritorious case was a misuse of the court’s…
1Opinion of the CourtWhiting, P. J.
[1,2] When this cause was called for trial in the circuit court on June 16, 1911, defendant, after stating to the court the history of the cause up to that time, insisted that it be tried, while counsel for plaintiff asked for continuance. Counsel for plaintiff, without filing any affidavit, stated the grounds upon which he sought a continuance. The court denied the request for continuance, a jury was called, and, u-pon plaintiff’s counsel being advised that he might state his client’s case to the jury and submit evidence, said -counsel stated that, ‘We are unable to proceed to trial.” No…
2Cited by2 opinions
- Smith v. WordemanSouth Dakota Supreme Court · 1932
- Connelly v. FranklinSouth Dakota Supreme Court · 1926