McVay v. N. & L. Motor Sales, Inc.

Plaintiff’s complaint alleges that he was defrauded in the purchase of an automobile from defendants. The case was tried to a jury and a verdict was returned for the plaintiff in the sum of $590.80. Defendants’ application for a new trial was granted and plaintiff appealed.

Appellant contends that the application for-a new trial was not determined by the circuit court within forty days after the presentation thereof, and that it is therefore deemed denied. SDC 33.1608 provides: “If an application for new trial has not been determined by the Court within forty days from date of making such…