Stage v. Doll
South Dakota Supreme Court
Appeal from Circuit Court, Day County. Hon. Thomas L. Boucic, Judge. . Action iby Clara J. Stage, against Frank O. Doll, Patrick J. McCormick and Western Surety Company, a corporation, to recover damages resulting from sales of intoxicating liquors 'by defendants to plaintiff’s husband. From' an order granting to plaintiff a new trial, defendants appeal.
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Appeal from Circuit Court, Day County. Hon. Thomas L. Boucic, Judge. . Action iby Clara J. Stage, against Frank O. Doll, Patrick J. McCormick and Western Surety Company, a corporation, to recover damages resulting from sales of intoxicating liquors 'by defendants to plaintiff’s husband. From' an order granting to plaintiff a new trial, defendants appeal. (2) To point two o.f the opinion, Appellants cited: Laws 1911, Oh. 15; and submitted that: Under Laws 1913, Ch. 173, where notice of intention to move for new trial is served prior to judgment, a party has twenty days in which to order from-…
1Opinion of the CourtPolley, J.
This action was tried on the 26th day of November, 1917, and verdict rendered on the following day, 'but the judgment was not entered until the 8th day of May, 1918. On the nth day of December, 1917, plaintiff ordered from the official court stenographer a transcript of the testimony, and on the following day gave notice of intention to move for a new trial. The transcript of the testimony was furnished on' the 1st day of April, 1917. Four days thereafter the transcript, together with specifications of error, were served on counsel for defendants, but were not filed with the clerk of courts…
2Cases cited4 opinions
- Kennedy v. GarriganSouth Dakota Supreme Court · 1909
- Theisen v. JohnsMichigan Supreme Court · 1888
- Steele v. ThompsonMichigan Supreme Court · 1880
- Dickmann v. ThomasSouth Dakota Supreme Court · 1915