Grant v. Grant
South Dakota Supreme Court
Appeal from circuit court, Brookings county. Hon. J. O. Andrews, Judge. Action for a divorce upon the ground of desertion. The case was tried by the court and judgment was rendered for plaintiff. From an order granting a new trial, plaintiff appeals. The facts are stated in the opinion. Fraud is to be proved and not presumed. Shultz v. Hoagland, 85 N. Y. 467; 2 Rice Evidence 971. The place of legal residence is very largely a matter of intention.
Read the full summary
Appeal from circuit court, Brookings county. Hon. J. O. Andrews, Judge. Action for a divorce upon the ground of desertion. The case was tried by the court and judgment was rendered for plaintiff. From an order granting a new trial, plaintiff appeals. The facts are stated in the opinion. Fraud is to be proved and not presumed. Shultz v. Hoagland, 85 N. Y. 467; 2 Rice Evidence 971. The place of legal residence is very largely a matter of intention. Albee v. Albee, 31 N. E. 158. Upon an appeal a respondent is not confined to the grounds upon which the decision below was based, but may show in…
1Opinion of the CourtCorson, P. J.
This was an action for a divorce upon the ground of desertion. A trial was had before the court without a jury, and judgment was rendered in favor of the plaintiff. The defendant moved for á now trial, which was granted; and from the order granting a new trial the plaintiff appeals, and assigns as error the granting of said order. The grounds of the motion for a new trial were as follows: First, errors of law occurring at the trial; second, insufficiency of the evidence to justify the findings; third, newly-discovered evidence; fourth, irregularity in the proceedings. The court, in its order,…
2Cases cited2 opinions
- Hodges v. BierleinSouth Dakota Supreme Court · 1893
- Halpin v. NelsonSupreme Court of Iowa · 1888
3Cited by19 opinions
- Root v. BinghamSouth Dakota Supreme Court · 1910
- Distad v. ShanklinSouth Dakota Supreme Court · 1898
- Frye v. FergusonSouth Dakota Supreme Court · 1894
- Sands v. CruikshankSouth Dakota Supreme Court · 1901
- Morrow v. LetcherSouth Dakota Supreme Court · 1897
14 more not listed; retrieve them via the Exa API.