Ewing v. Lunn
South Dakota Supreme Court
Appeal from Circuit Court, Hanson county. Hon. Feanic B. Smith, Judge. Action by S. D. Ewing and another against Christie Eunn, as executrix of the estate of Joseph Lunn, deceased, for commission for procuring a purchaser of certain land belonging to decedent. From an order vacating a verdict and judgment for plaintiffs and granting a new trial, and from a judgment in favor of defendant on a second trial, plaintiffs appeal.
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Appeal from Circuit Court, Hanson county. Hon. Feanic B. Smith, Judge. Action by S. D. Ewing and another against Christie Eunn, as executrix of the estate of Joseph Lunn, deceased, for commission for procuring a purchaser of certain land belonging to decedent. From an order vacating a verdict and judgment for plaintiffs and granting a new trial, and from a judgment in favor of defendant on a second trial, plaintiffs appeal. A verdict will not be set aside and a new trial granted for the alleged misconduct of the jury, where it appears that the jurors separated for innocent purposes and…
1Opinion of the CourtCorson, J.
This case was before us at a former term of this court, and an .opinion was filed dismissing- the appeal on the ground of duplicity. The opinion is reported in 21 S. D. 55, 109 N. W. 642. A petition for rehearing was filed, based up’on the following grounds: “No notice of the motion to dismiss the appeal was served on appellant or his counsel, as required by statute and rule 23 of this court, and respondent waived her right, if any she had¡ to move for a dismissal of the appeal prior to the submission of the case under rule 21.” The petition was granted, and the case is now before us on such…
2Cases cited27 opinions
- Henning v. StateIndiana Supreme Court · 1886
- Sanitary District v. CullertonIllinois Supreme Court · 1893
- Gaines v. WhiteSouth Dakota Supreme Court · 1891
- Mergentheim v. StateIndiana Supreme Court · 1886
- Maxwell v. KennedyWisconsin Supreme Court · 1880
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3Cited by11 opinions
- Braun v. RiskedahlNorth Dakota Supreme Court · 1967
- M. E. Smith & Co. v. KimbleSouth Dakota Supreme Court · 1917
- Saunders v. Farmers' & Merchants' National BankSouth Dakota Supreme Court · 1933
- Grieves v. DanaherSouth Dakota Supreme Court · 1932
- Johnson v. SeelNorth Dakota Supreme Court · 1913
6 more not listed; retrieve them via the Exa API.