Fellows v. Christensen
South Dakota Supreme Court
Appeal from Circuit Court, Clark County. Hon. Guo. M. Marquis, Judge. Action by Jennie Fellows against Axel H. Christensen. From a judgment for plaintiff, defendant appeals. The court cannot indicate his opinion, either expressly or impliedly, intentionally or otherwise, as to the credability of the witnesses, or as to the truth of any fact in issue, and the subject of evidence.
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Appeal from Circuit Court, Clark County. Hon. Guo. M. Marquis, Judge. Action by Jennie Fellows against Axel H. Christensen. From a judgment for plaintiff, defendant appeals. The court cannot indicate his opinion, either expressly or impliedly, intentionally or otherwise, as to the credability of the witnesses, or as to the truth of any fact in issue, and the subject of evidence. The whole matter of finding the facts of the case must be left entirely to the jury, without suggestions or leadings by the court. Blashfield’s Instructions to Juries, vol. i, section 47, page 102. Or to require the…
1Opinion of the CourtWhit.ing, J.
This action was brought to recover the-amount claimed to be due upon a promissory note given plaintiff by defendant. The defendant pleaded usury, asked that certain payments made by him be credited on the principal, and consented that judgment for the principal less the sums paid be entered *355against him. Verdict and judgment were for plaintiff, a new trial was denied, and defendant appealed said case to this court.
The note was .executed in Wisconsin, and it is conceded that the contract entered into is to be construed under the laws of that state. The note was for $500, dated March 7, 1902,…
2Cases cited9 opinions
- Lytle v. Scottish American Mortgage Co.Supreme Court of Georgia · 1905
- Koehler v. DodgeNebraska Supreme Court · 1891
- Gill v. RiceWisconsin Supreme Court · 1861
- Friend v. MillerSupreme Court of Kansas · 1893
- Roe v. KiserSupreme Court of Arkansas · 1896
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3Cited by1 opinion
- Ulvilden v. SorkenSouth Dakota Supreme Court · 1931