Tyler v. Haggart
South Dakota Supreme Court
Appeal from circuit court, Roberts county; Hon. ,J. H. McCoy, Judge. Action by Anna Dwight Tyler, as executrix of the will of R. S. Tyler, deceased, and others, against John E. Haggart. Prom an order granting a new trial, defendant appeals. An order for a new trial granted by the successor of the judge who tried the case does not carry the usual presumption under which such an order will only be reversed in case an , abuse of discretion appears.
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Appeal from circuit court, Roberts county; Hon. ,J. H. McCoy, Judge. Action by Anna Dwight Tyler, as executrix of the will of R. S. Tyler, deceased, and others, against John E. Haggart. Prom an order granting a new trial, defendant appeals. An order for a new trial granted by the successor of the judge who tried the case does not carry the usual presumption under which such an order will only be reversed in case an , abuse of discretion appears. Sands v. ■ Crúikshank, 15 S. D. 146; Graithwaite v. Aiken, 2 N. D. 57. ' Where a section line or other starting point actually exists it is always a…
1Opinion of the CourtCorson, P. J.
This action was originally commenced by by Richard S. Tyler as plaintiff, who died subsequently to the findings and judgment in this action hereinafter referred to, and the present plaintiffs were substituted for the deceased under the statue. For convenience we shall designate the said Tyler as plaintiff in this opinion. The appeal in this case is from an order granting a new trial. The case was tried in the court below by the Honorable A. W. Campbell, at the time judge of the Fifth Circuit, who retired from office in January, 1902. The findings and conclusions of law were in favor of the…
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