Altfillisch v. Smith
South Dakota Supreme Court
Appeal from Circuit Court, Kingsbury County. Hon. Alva E. TayloR, Judge. Action by Otto Altfillisch, against George A. 'Smith and another, upon a promissory note. From a judgment for Plaintiff upon directed verdict, and from an order granting a new trial, Defendant Smith appeals.
1Opinion of the CourtGates, J.
Action upon á promissory note. Verdict and judgment for defendant. Upon plaintiff’s motion the trial court granted a new trial specifying newly discovered evidence,' insufficiency of the evidence, and errors in law occurring at the trial as the grounds of the order. Defendant Smith appeals.
[1]' Appellant contends that the trial court should have sustained his motion to strike from the files the affidavits relative to newly discovered evidence because the motion for new trial was not made until after the close of the term of court next succeeding that at which the trial was had as provided in…
2Cases cited2 opinions
- Bright v. JuhlSouth Dakota Supreme Court · 1903
- Fuller & Johnson Mfg. Co. v. ChildSouth Dakota Supreme Court · 1908