Traxinger v. Minneapolis, St. P. & S. S. M. Ry. Co.
South Dakota Supreme Court
Appeal from Circuit Court, Campbell County. Hon. RoriNG E. Garry, Judge. Action by Jakob Traxinger against the Minneapolis, St. Paul & Sault Ste. Marie Railway Company. From an order granting a new trial, defendant appeals. The court had no power or authority after the lapse of nine months to grant a new trial in this case on his own motion.
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Appeal from Circuit Court, Campbell County. Hon. RoriNG E. Garry, Judge. Action by Jakob Traxinger against the Minneapolis, St. Paul & Sault Ste. Marie Railway Company. From an order granting a new trial, defendant appeals. The court had no power or authority after the lapse of nine months to grant a new trial in this case on his own motion. Par-rott v. City of Hot Springs, g S. D. 202; Clement v. Barnes, 6 S. D. 483. No notice of intention to move for a new trial was ever served in this case. A notice of intention is a prerequisite. It is necessary to serve a notice of intention in the…
1Opinion of the CourtWhiting, J.
This cause comes before this court upon an appeal from the order of the circuit court granting plaintiff’s motion for vacation of the verdict of the jury-^and for an order for new trial.
The facts as shown by the record certainly show an anomalous situation, and we doubt if a parallel case could be found. The plaintiff sued for and recovered damages in the trial court. It is admitted by the record that there were errors during the trial, which errors were prejudicial to the defendant. One of said errors, and being the only one in any way preserved in the record, was an instruction given by the…
2Cases cited5 opinions
- Gould v. Duluth & Dakota Elevator Co.North Dakota Supreme Court · 1891
- MacGregor v. PierceSouth Dakota Supreme Court · 1903
- Parrott v. City of Hot SpringsSouth Dakota Supreme Court · 1896
- Clement v. BarnesSouth Dakota Supreme Court · 1895
- Gregg v. GarrettMontana Supreme Court · 1892
3Cited by6 opinions
- Fuller v. AndersonSouth Dakota Supreme Court · 1926
- Gamble v. KeyesSouth Dakota Supreme Court · 1925
- First National Bank v. WollmanSouth Dakota Supreme Court · 1927
- Louder v. HunterSouth Dakota Supreme Court · 1911
- Delmont State Bank v. RamsdellSouth Dakota Supreme Court · 1926
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