Benedict v. Smith
South Dakota Supreme Court
Appeal from circuit court, Custer county. Hon. William Gardner, Judge. Action by W. E. Benedict, administrator, etc., of John F. Wight, deceased, against Wood Smith. Judgment for plaintiff and defendant appeals.
1Opinion of the CourtHaney, J.
This appeal was assigned for oral argument during the April, 1896, term. None was made, and the case *36was taken under advisement upon appellant’s abstract and respondent’s additional abstract. No printed brief has been filed by appellant, containing a statement of the points relied on for a reversal. Every presumption prevails in favor of the court below. It is not the duty of this court to seek for errors. When not pointed out by a printed brief, it will be assumed that none exist, or that they have been abandoned, and the judgment or order appealed from may, in the discretion of this court,…
2Cases cited5 opinions
- Raynor v. RaynorSupreme Court of Iowa · 1889
- Johnson v. JohnsonSupreme Court of Minnesota · 1894
- Smith v. BeanSupreme Court of Minnesota · 1891
- Busch v. FisherMichigan Supreme Court · 1891
- Lamp v. SieversSupreme Court of Iowa · 1885
3Cited by6 opinions
- Giles v. Hawkeye Gold-Mining Co.South Dakota Supreme Court · 1898
- Russell v. Deadwood Development Co.South Dakota Supreme Court · 1903
- State ex rel. Christianson v. AllisonSouth Dakota Supreme Court · 1906
- Welch v. SynogroundSouth Dakota Supreme Court · 1903
- Erickson v. StevensonSouth Dakota Supreme Court · 1906
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