State ex rel. Larson v. Benson
South Dakota Supreme Court
Appear'from Circuit Court, Turner County; Hon. L. L. Fleecer, Judge. Proceeding by the State of South Dakota, on the relation of Neva Larson, against Leon Benson. From an order vacating a ■second verdict for plaintiff and granting a new trial, plaintiff appeals. Appellant cited!: State v. Stark, 129 N. W. 3131; Johnson v. State, r 13 N. W. 674; Esch v. Graue, 101 N. W. 978; Brantley v. State, 65 So. 678, 11 Ala. Ajpp. 144; Land v. State, 105 S. W. 90, 84 Axle.. 199, 120 Am.
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Appear'from Circuit Court, Turner County; Hon. L. L. Fleecer, Judge. Proceeding by the State of South Dakota, on the relation of Neva Larson, against Leon Benson. From an order vacating a ■second verdict for plaintiff and granting a new trial, plaintiff appeals. Appellant cited!: State v. Stark, 129 N. W. 3131; Johnson v. State, r 13 N. W. 674; Esch v. Graue, 101 N. W. 978; Brantley v. State, 65 So. 678, 11 Ala. Ajpp. 144; Land v. State, 105 S. W. 90, 84 Axle.. 199, 120 Am. St. Rep. 25; Sims v. State, 84 S. E. 976, 16 Ga. App. 211; State v. Browning, 152 Pac. 672, 96 Kan. 54a; Smith v.…
1Opinion of the CourtPolley, J.
Relator in this action filed complaint against the defendant, accusing him' of being the father of her bastard child. A trial was had, and the jury found for the plaintiff. On motion for a new1 trial the verdict and judgment were set aside and a new trial granted. At the beginning of the second trial the court made an order excluding the child involved from the courtroom. This was for the purpose of preventing the jury frotó seeing such child, but it is claimed by the defendant that the relator, also her father and mother, and her counsel as well, violated the order, and at different times…
2Cited by2 opinions
- Smith v. SmithSouth Dakota Supreme Court · 1946
- State Ex Rel. Fitch v. PowersSouth Dakota Supreme Court · 1954