Gamble v. Keyes
South Dakota Supreme Court
Appeal from Circuit Court, Codington County. Hon. Carl G. Sherwood, Judge. Action by Elizabeth F. Gamble, against E. R. Keyes and others, ‘to recover damages for forcibly entering and injuring plaintiff’s house, assaulting her, etc. From an’order granting new •trial, plaintiff appeals. Order modified, and as modified, judgment (7.) To point seven of the 'Opinion, Appellant cited: Shoemaker v. Sonju, 15 N. D. 518; 108 N. W. 42; Whaley v. Vidal, et al.
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Appeal from Circuit Court, Codington County. Hon. Carl G. Sherwood, Judge. Action by Elizabeth F. Gamble, against E. R. Keyes and others, ‘to recover damages for forcibly entering and injuring plaintiff’s house, assaulting her, etc. From an’order granting new •trial, plaintiff appeals. Order modified, and as modified, judgment (7.) To point seven of the 'Opinion, Appellant cited: Shoemaker v. Sonju, 15 N. D. 518; 108 N. W. 42; Whaley v. Vidal, et al. (S. D.) 132 N. W. 248-250-251; Redfield v. Oakland Con. St. Ry. Co., no Cal. 277, 42 Pac. 822, 1063.
1Opinion of the CourtWhiting, J.
This case has been before us upon an appeal from an order overruling a demurrer to the answer, our opinion being reported in Gamble v. Keyes, 35 S. D. 644, 153 N. W. 888. Reference is made to such opinion for a statement of the nature •of the cause of action and the claims of plaintiff. After such appeal a trial was had and a verdict returned in the full amount *596bought by plaintiff, $21,013.50. The present appeal is from an order setting aside such verdict and granting a new trial.
[1] Section 301, C. C. P., provides that a new trial may be granted for the following among other causes:
“5.…
2Cases cited23 opinions
- Mohr v. WilliamsSupreme Court of Minnesota · 1905
- City of Sedan v. ChurchSupreme Court of Kansas · 1883
- Cox v. GradySupreme Court of Georgia · 1909
- Cables v. Bristol Water Co.Supreme Court of Connecticut · 1912
- Domico v. CasassaCalifornia Supreme Court · 1894
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3Cited by13 opinions
- Russell v. PilgerSupreme Court of Vermont · 1944
- Plank v. HeirigsSouth Dakota Supreme Court · 1968
- Jensen v. MillerSouth Dakota Supreme Court · 1963
- Tufty v. Sioux Transit Co.South Dakota Supreme Court · 1945
- Keyes v. BaskervilleSouth Dakota Supreme Court · 1919
8 more not listed; retrieve them via the Exa API.