Esshom v. Watertown Hotel Co.
South Dakota Supreme Court
Appeal from circuit court, Codiugtou county. Hon. J. O. Andrews, Judge. Action in claim and delivery. There was a verdict for plaintiff, and from an order granting a new trial plaintiff appeals. The facts are stated in tbe opinion. A retrial should not be allowed because of erroneous instructions or rulings by the trial court when upon the facts and law of the whole case, the judgment is in fact correct. Ganson v. Madigan, 82 Am. Dec., 659; ítockhill v. Spraggs, 68 Am.
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Appeal from circuit court, Codiugtou county. Hon. J. O. Andrews, Judge. Action in claim and delivery. There was a verdict for plaintiff, and from an order granting a new trial plaintiff appeals. The facts are stated in tbe opinion. A retrial should not be allowed because of erroneous instructions or rulings by the trial court when upon the facts and law of the whole case, the judgment is in fact correct. Ganson v. Madigan, 82 Am. Dec., 659; ítockhill v. Spraggs, 68 Am. Dec., 607; Greery v. Cummins, 48 Am. Dec. 444; Sandmeyer v. Dakota, 50 N. W. 353; O’Brien v. Brady, 23 Cal. 243; Caulfield v.…
1Opinion of the CourtCorson, P. J.
This was an action in claim and delivery, in which the plaintiff sought to recover the possession of certain hotel furniture, to which he claimed title by virtue of a sale of the same made to him by the firm of Meech & Esshom, composed of Frank Meech and E. E. Esshom. A trial was had before a jury and a verdict rendered in favor of the plaintiff. A motion for a new trial was made and granted, and from the order granting a new trial the plaintiff appeals.
The motion for the' new trial was made upon the following grounds: “(1) That said verdict in said action was contrary to the law; (2) that…
2Cases cited4 opinions
- Langdon v. BuelNew York Supreme Court · 1832
- Wright v. Bircher'sSupreme Court of Missouri · 1880
- Whiting v. EichelbergerSupreme Court of Iowa · 1864
- Hodges v. BierleinSouth Dakota Supreme Court · 1893
3Cited by8 opinions
- Dorman v. Crooks State BankSouth Dakota Supreme Court · 1929
- Distad v. ShanklinSouth Dakota Supreme Court · 1898
- Rochford v. AlbaughSouth Dakota Supreme Court · 1903
- Peet v. Dakota Fire & Marine Ins.South Dakota Supreme Court · 1895
- Security State Bank v. Bank of CentervilleSouth Dakota Supreme Court · 1923
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