Lee v. Braggman
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. -Jones, Judge. Action !by Gilbert Lee, against Tom Braggtnan and another, to recover the alleged agreed value of farm and house rentals-, and of certain personalty sold by plaintaiff to- defendant; defendant having counterclaimed for value of labor performed by him. for plaintiff, and, upon the trial, 'having by .amended answer substituted an alleged accord and satisfaction in lieu of the counterclaim.
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Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. -Jones, Judge. Action !by Gilbert Lee, against Tom Braggtnan and another, to recover the alleged agreed value of farm and house rentals-, and of certain personalty sold by plaintaiff to- defendant; defendant having counterclaimed for value of labor performed by him. for plaintiff, and, upon the trial, 'having by .amended answer substituted an alleged accord and satisfaction in lieu of the counterclaim. From a judgment for defendant, and from an order denying a new trial, plaintiff appeals. (3) To point three of the opinion, Appellant…
1DissentSmith, J.
I -think this is the first case on record in which it has been ruled that because a client verified pleadings, prepared by his counsel, which contained inconsistent allegations, and at the trial failed to testify to the full measure of the allegations of-his -pleadings, a trial court should be held guilty *181of an abuse of discretion in refusing a new trial on the ground of newly discovered evidence, based upon affidavits plainly, and, I think, concededly, insufficient. The new rule thus introduced' into our Code of Civil Procedure is given a very broad foundation indeed, in the majority…
2Cases cited9 opinions
- McLain v. NurnbergNorth Dakota Supreme Court · 1907
- H. C. Behrens Lumber Co. v. LagerSouth Dakota Supreme Court · 1910
- State v. GregorySouth Dakota Supreme Court · 1913
- Totten v. StevensonSouth Dakota Supreme Court · 1912
- Missouri River Transportation Co. v. Minneapolis & St. Louis Railway Co.South Dakota Supreme Court · 1914
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