Clark v. Mitchell
South Dakota Supreme Court
Appeal from circuit court, Lawrence county. Hon. Joseph B. Moore, Judge. Action by Horace S. Clark against Clara A, Mitchell and others. From a judgment for defendants, ■ plaintiff appeals.
1Opinion of the CourtFuller, J.
In this action to quiet title to real property, the defendants prevailed, and plaintiff appeals. • After the entry of judgment there was a motion for a new trial, based on a bill of exceptions containing no specifications of errors of law occurring at the trial, or of the particulars in which the evidence is deemed insufficient to sustain the findings of fact. It is settled in this state that such defects are not cured by an assignment of errors presented for the first time on appeal, and that the bill of exceptions must be disregarded, as required by section 303 of the Revised Code of Civil…
2Cases cited3 opinions
- D. S. B. Johnston Land-Mort. Co. v. CaseSouth Dakota Supreme Court · 1900
- Nordin v. BernerSouth Dakota Supreme Court · 1902
- Hermon v. SilverSouth Dakota Supreme Court · 1902