Lee v. Braggman
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. -Jones, Judge. Action !by Gilbert Lee, against Tom Braggtnan and another, to recover the alleged agreed value of farm and house rentals-, and of certain personalty sold by plaintaiff to- defendant; defendant having counterclaimed for value of labor performed by him. for plaintiff, and, upon the trial, 'having by .amended answer substituted an alleged accord and satisfaction in lieu of the counterclaim.
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Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. -Jones, Judge. Action !by Gilbert Lee, against Tom Braggtnan and another, to recover the alleged agreed value of farm and house rentals-, and of certain personalty sold by plaintaiff to- defendant; defendant having counterclaimed for value of labor performed by him. for plaintiff, and, upon the trial, 'having by .amended answer substituted an alleged accord and satisfaction in lieu of the counterclaim. From a judgment for defendant, and from an order denying a new trial, plaintiff appeals. (3) To point three of the opinion, Appellant…
1Opinion of the CourtWhiting, J.
[1-3] The only assignment of error which we deem it necessary to consider upon this appeal is one assigning as error the overruling of appellant’s motion for a 'new trial. Among other grounds this motion was made upon the ground of newly discovered evidence which- appellant could not with reasonable diligence have discovered and produced at the trial. Upon such a motion -the court should consider the whole case including the pleadings and the evidence as presented by the *178settled record, as these may w.ell aid it in determining whether the new evidence tendered would, if received, he liable to…
2Cases cited1 opinion
- Sluman v. DolanSouth Dakota Supreme Court · 1909
3Cited by6 opinions
- In re S.W.South Dakota Supreme Court · 1986
- Hayes v. AdamsMissouri Court of Appeals · 1951
- Clarke v. PelterSouth Dakota Supreme Court · 1923
- Webster v. EkNorth Dakota Supreme Court · 1932
- Jacobson v. HammanSouth Dakota Supreme Court · 1922
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