Troutman v. Bock

A judgment was entered specifically enforcing a contract to will property to plaintiff. Thereafter an order was made setting the judgment aside and granting a- new trial. The appeal is from that order.

Our review of the record is undertaken in the light of the fact that the motion for new trial was heard by one who did not preside at the trial, and that therefore the judge who heard the motion was not vested with a discretion in the premises. Sands v. Cruikshank et al., 15 S. D. 142, 87 N. W. 589; Tyler et al. v. Haggart, 19 S. D. 167, 102 N. W. 682; Lavin v. Kreger, 20 S. D. 80, 104 N. W.…