Legal Opinion

Reeves & Co. v. McGee

South Dakota Supreme Court

Decided February 14, 1914PublishedCited by 2 opinions

Appeal from Circuit Court, Pennington County. Hfon. Wiui.iam G. Ríes, Judge. Action by Reeves & Company against John W. McGee and others. From a judgment for defendant, and from an order denying a new trial, plaintiff appeals. The trial court was fully advised in the specification of error of the questions that would be presented to this court, and if so, it served its purpose.

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Appeal from Circuit Court, Pennington County. Hfon. Wiui.iam G. Ríes, Judge. Action by Reeves & Company against John W. McGee and others. From a judgment for defendant, and from an order denying a new trial, plaintiff appeals. The trial court was fully advised in the specification of error of the questions that would be presented to this court, and if so, it served its purpose. In effect, it was a demurrer to the evidence, and in order to question the sufficiency of the evidence appellant is not required to set forth all the evidence in the specification of error. -Tuntland v. Noble, 138 N.…

1Opinion of the CourtPolley, J.

This Case is before’ the court upon an appeal from the judgment and order overruling appellant’s motion for a new trial. The printed record brought here by the appellant contains what purports to be assignments of nine separate errors committed by the court in the trial of the cause and in the denial of appellant’s motion for a new trial.

[j] The only ground presented by appellant for a reversal is the insufficiency of the evidence to* sustain the findings of fact and conclusions of law made by the trial court. But an examination of the printed record discloses that neither in the purported…

2Cases cited1 opinion

  1. Hepner v. WheatleySouth Dakota Supreme Court · 1913

3Cited by2 opinions

  1. Peterson v. MenkeSouth Dakota Supreme Court · 1927
  2. Security National Bank v. CrawfordSouth Dakota Supreme Court · 1926

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