Nerger v. Commercial Mut. Fire Ass'n
South Dakota Supreme Court
Appeal from Circuit Court, Day County. Hon. J. H. McCoy, Judge. Action by E. A. Merger and another against the Commercial Mutual Fire Association. From an order setting aside a judgment for defendant and granting a new trial, defendant appeals.
1Opinion of the CourtCorson, J.
This is an appeal by the defendant from an order vacating and setting aside the judgment and granting a new trial. It is disclosed by the record: That the case was tried to a jury at the January term, 1905, of the circuit court of Day county, and that at the conclusion of the evidence the court charged . the jury as follows: “The court is of the opinion that it will be proper in this case to submit to you special questions to be answered, instead of requiring you to render a general verdict.” That thereupon the court prepared certain questions for the jury which were submitted and answered by…
2Cited by5 opinions
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