Evenson v. Webster
South Dakota Supreme Court
Appeal from district court Minnehaha county. Hon. John E. Carland, Judge. This case was first decided by this court in an opinion filed December 8, 1892, reported in 3 S. D. 382, in which opinion the court affirmed the judgment of the lower court for the defendant. A rehearing was subsequently granted and the case re-argued at the April term, 1893. This opinion is upon the rehearing. The former decision, affirming the judgment in favor of the defendant, adhered to.
1Opinion of the CourtKellam, J.
This case is now before us upon a reargiiment. The facts are stated in the former opinion, reported in *2673 S. D. 382, 63 N. W. 747. In the former opinion we held that, as there was no motion for a new trial, we could not examine the question uf the sufficiency of the evidence to sustain the findings of fact by the court. In the petition for rehearing it was very earnestly urged that such a holding, while consistent with the former opinions of this court, was an innovation upon the practice of the territorial supreme court, and as this case was tried in a territorial court, and the record made…
2Cases cited1 opinion
- Wheelock v. GodfreyCalifornia Supreme Court · 1893
3Cited by3 opinions
- Axiom Mining Co. v. WhiteSouth Dakota Supreme Court · 1897
- Charles Betcher Co. v. ClevelandSouth Dakota Supreme Court · 1900
- Ricker v. StottSouth Dakota Supreme Court · 1900