Clarke v. Pelter
South Dakota Supreme Court
Appeal from Circuit Court, Custer County; Hon.-, Walter G. ■Miser, Judge. Action by Harry Clarke against George Pelter. Judgment for plaintiff. From an order granting a new trial, plaintiff appeals. (x) To point one of the opinion, Appellant cited: Rev. Code 19119, Sec. 2557; Parrott v. City of Hot Springs, 9 S. D. 202; Taxinger v. Minneapolis Ry. Co., 23 S. D. 90; Bear River v. Bales, 24 Ga. 3,54; Vol. 3, Kerr’s Cyc.
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Appeal from Circuit Court, Custer County; Hon.-, Walter G. ■Miser, Judge. Action by Harry Clarke against George Pelter. Judgment for plaintiff. From an order granting a new trial, plaintiff appeals. (x) To point one of the opinion, Appellant cited: Rev. Code 19119, Sec. 2557; Parrott v. City of Hot Springs, 9 S. D. 202; Taxinger v. Minneapolis Ry. Co., 23 S. D. 90; Bear River v. Bales, 24 Ga. 3,54; Vol. 3, Kerr’s Cyc. Codes, Sec. 659; Crofford v. Crofford (Cal.), 157 Pac. 561; Thompson on Triáis, Vol. 2, Sec. 2760; Henry v. Murguire, 57 Cal. 503, 39 P'ac. 599; Wheeler v. Kames, 125 Cal. 51,…
1Opinion of the CourtGates, J.
This is an action for damages for the alienation .of the affections of plaintiff’s -wife. Plaintiff recovered judgment. The trial court granted a new trial. This appeal is by plaintiff from the order granting it.
Pursuant to trial courts rule 30, the court made an order in which it was recited that a new trial was granted upon the fololwing ground, viz:
“Newly discovered evidence material to the defendant and which said defendant could not with reasonable diligence have discovered and produced at the trial, as showln by the affidavits served and filed by the defendant. That the affidavits of…
2Cases cited8 opinions
- Drew v. LawrenceSouth Dakota Supreme Court · 1916
- State v. SouthmaydSouth Dakota Supreme Court · 1916
- Sluman v. DolanSouth Dakota Supreme Court · 1909
- Lee v. BraggmanSouth Dakota Supreme Court · 1917
- Zarneke v. KitzmanSouth Dakota Supreme Court · 1921
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Island v. HelmerSouth Dakota Supreme Court · 1935
- Corsica State Bank v. HeezenSouth Dakota Supreme Court · 1928
- Broast v. Interstate Surety Co.South Dakota Supreme Court · 1925
- Williams v. RiceSouth Dakota Supreme Court · 1926
- Shann v. Disbrow & Co.South Dakota Supreme Court · 1936
1 more not listed; retrieve them via the Exa API.