Frye v. Ferguson
South Dakota Supreme Court
Appeal from circuit court, Fall River county. Hon. William Gardner, Judge. Action to recover for services rendered by plaintiffs to defendant as attorneys at law. From a judgment for plaintiffs, defendant appeals. The facts are stated in the opinion. Under our statute the instructions given by the court to a trial jury should be reduced to writing and taken by the jury on their retirement.
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Appeal from circuit court, Fall River county. Hon. William Gardner, Judge. Action to recover for services rendered by plaintiffs to defendant as attorneys at law. From a judgment for plaintiffs, defendant appeals. The facts are stated in the opinion. Under our statute the instructions given by the court to a trial jury should be reduced to writing and taken by the jury on their retirement. Hardy v. Lusney, 9 O. St. 400; Bank v. Green, 40 O. St. 430; Dixon- v. State, 13 Fla. 636; Toledo v. Daniels, 21 Ind. 256; Miller v. Hampton, 37 Ala. 343; Yates v. Kinney, 37 N. W. 590.
1Opinion of the CourtKellam, J.
In the circuit court for Fall River county, upon trial before a jury, judgment was rendered in favor of respondents against appellant, who appeals from the same. Error is assigned as follows: “(1) The court erred in admitting the evidence of William H. Woodward as to the value of legal services sued for, the said evidence being incompetent. (2) The court erred in failing to reduce his instructions to writing, and in failing to send said instructions, so reduced to writing, to the jury on their retirement. (3) The court erred in failing to instruct the jury that the burden of proof rested upon…
2Cases cited5 opinions
- Grant v. GrantSouth Dakota Supreme Court · 1894
- Johnson v. GilmoreSouth Dakota Supreme Court · 1894
- Hobler v. ColeCalifornia Supreme Court · 1874
- Gleckler v. SlavensSouth Dakota Supreme Court · 1894
- Stamm v. CoatesSupreme Court Of The Territory Of Dakota · 1885
3Cited by9 opinions
- Garrigan v. KennedySouth Dakota Supreme Court · 1904
- Nebraska Electric Generation & Transmission Coop., Inc. v. MarkusSouth Dakota Supreme Court · 1976
- Belknap v. BelknapSouth Dakota Supreme Court · 1906
- Winn v. SanbornSouth Dakota Supreme Court · 1898
- De Noma v. Sioux Falls Traction SystemSouth Dakota Supreme Court · 1917
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