Morrow v. Letcher
South Dakota Supreme Court
Appeal-from circuit court, Davison county. Hon. J. W. Jones, Judge. Action for an injunction, and other relief. From an order granting defendant a new trial, plaintiff appeals. The facts are stated in the opinion. Where an order granting a new trial is based on questions of law the discretion of the trial court is not involved, and the appellate court will review on its merits the decision of the trial court in granting a new trial.
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Appeal-from circuit court, Davison county. Hon. J. W. Jones, Judge. Action for an injunction, and other relief. From an order granting defendant a new trial, plaintiff appeals. The facts are stated in the opinion. Where an order granting a new trial is based on questions of law the discretion of the trial court is not involved, and the appellate court will review on its merits the decision of the trial court in granting a new trial. Sandmeyer v. Insurance Co., 2 S. D. 346, 50 N. W. 353; Walter A. Wood Co. v. Stenel, 36 N. W. 636; Duffy v. Railroad, 34 Wis. 192. In trials by the court the…
1Opinion of the CourtHaney, J.
This appeal is from an order granting a new trial. One ground of the application was insufficiency of the evidence to justify the decision. An application for a new trial for this cause is addressed to the sound discretion of the trial judge, and his action will be reversed by this court only when there is manifest abuse of such discretion. A stronger case must be made to justify a reversal when a new trial has been granted than when it has been refused. Hodges v. Bierlein, 4 S. D. 258, 56 N. W. 811; Alt v. Railway Co., 5 S. D. 20, 57 N. W. 1126; Grant v. Grant, 6 S. D. 147, 60 N. W. 743.…
2Cases cited3 opinions
- Grant v. GrantSouth Dakota Supreme Court · 1894
- Alt v. Chicago & Northwestern Railway Co.South Dakota Supreme Court · 1894
- Hodges v. BierleinSouth Dakota Supreme Court · 1893
3Cited by8 opinions
- Western Building Co. v. J. C. Penney Co.South Dakota Supreme Court · 1932
- Sands v. CruikshankSouth Dakota Supreme Court · 1901
- Rochford v. AlbaughSouth Dakota Supreme Court · 1903
- Thomas v. FullertonSouth Dakota Supreme Court · 1900
- Leonard v. LeonardSouth Dakota Supreme Court · 1938
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