Parrott v. City of Hot Springs
South Dakota Supreme Court
Appeal from circuit court, Pall River county. Hon. Wm. Gardner, Judge. Action for damages. Plaintiff had judgment. Prom an order granting defendant a new trial plaintiff appeals. The facts are stated in the opinion. The statement of the case was never signed or settled by the trial court and hence was a nullity.
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Appeal from circuit court, Pall River county. Hon. Wm. Gardner, Judge. Action for damages. Plaintiff had judgment. Prom an order granting defendant a new trial plaintiff appeals. The facts are stated in the opinion. The statement of the case was never signed or settled by the trial court and hence was a nullity. Adams v. Dohrmann, 63 Cal. 417; Schreiber v. Whitney, 60 Cal 431; Kellar v. Lewis, 56 Cal. 466; Mining Co. v. Smith, 2 Dak. 455; Bank v, Bu-cannon, 33 Pae. 595; Meineri v. Snow, 27 Pac. 677. The filing of a brief of evidence on motion for a new trial is waived by the opposite party’s…
1Opinion of the CourtCorson, P. J.
This is an appeal by the plaintiff from an order granting a new trial. The plaintiff recovered judgment in the trial court, and on the motion of. the defendant a new trial was granted. The appellant asserts, in his abstract, that “no bill of exceptions has ever been prepared, served or settled herein, and no statement of the case has ever been signed or settled herein. ” This statement is not denied by the respondent, and must therefore be taken as true. The contention of appellant is that without a bill of exceptions or statement set *204tied and authenticated in the manner provided by law,…
2Cases cited4 opinions
- Keller v. LewisCalifornia Supreme Court · 1880
- Adams v. DohrmannCalifornia Supreme Court · 1883
- Schreiber v. WhitneyCalifornia Supreme Court · 1882
- Meinert v. SnowIdaho Supreme Court · 1891
3Cited by10 opinions
- Louder v. HunterSouth Dakota Supreme Court · 1911
- Plano Manufacturing Co. v. JonesNorth Dakota Supreme Court · 1899
- Traxinger v. Minneapolis, St. P. & S. S. M. Ry. Co.South Dakota Supreme Court · 1909
- Warren v. LincolnSouth Dakota Supreme Court · 1929
- Delmont State Bank v. RamsdellSouth Dakota Supreme Court · 1926
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