Iversen v. Terriere

TAIT, Circuit Judge.

The opinion filed by this Court on August 18, 1960, and reported in 78 S.D. 478, 104 N.W.2d 474, held that appellant had not raised the question of sufficiency of the evidence to sustain the findings of fact, or presented that issue to the trial court by motion for new trial, request for findings or other appropriate procedure and this Court could not consider the sufficiency of the evidence to sustain the findings of fact.

On September 7, 1960, the appellant petitioned this Court to remit the record to the trial court and to direct, the trial dourt to allow an extension of…