Legal Opinion

Wingfield, Public Examiner v. Little

South Dakota Supreme Court

Decided September 3, 1918No. File No. 4345PublishedCited by 4 opinions

Appeal from Circuit Ociurt, Lyman County. Hon. William Williamson, Judge. Action by J. L. Wingfield!, Public Examiner, in charge of the Citizens’ State Bank of Oacoma, against W. -W. Little, to recover upon a promissory note. From a judgment for -defendant, and from an order -denying a new trial, plaintiff -appeals.

1Opinion of the CourtWbiti'Nig, P. J.

The assignments icif error upon this appeal ■raise but one question meriting our consideration. Was there evidence sufficient to support the verdict?

[1] Appellant contends ith-at, as in Drew v. Lawrence, 37 S. D. 620, 159 N. W. 274, we should bold that the jury “failed1 to fairly exercise the reasoning faculty on the facts- before them.” The sole issue herein was whether respondent signed1 the note s-ued -on. He -swore that he did nlc-t; -and while, without being able to *61see and hear 'the witnesses, it might seem to us that his unsupported statement was overcame by the testimony of the…

2Cases cited3 opinions

  1. Jeansch v. LewisSouth Dakota Supreme Court · 1891
  2. Drew v. LawrenceSouth Dakota Supreme Court · 1916
  3. Franz Falk Brewing Co. v. Mielenz Bros.Supreme Court Of The Territory Of Dakota · 1888

3Cited by4 opinions

  1. First National Bank of Webster v. First National Bank of MobridgeSouth Dakota Supreme Court · 1922
  2. Weibel v. GardnerSouth Dakota Supreme Court · 1922
  3. Farran v. NagelSouth Dakota Supreme Court · 1926
  4. Tracy v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.South Dakota Supreme Court · 1927

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