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Denton v. Butler

Denton v. Butler, 158 N.W. 1017 (S.D. 1916)
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Court
South Dakota Supreme Court · State Highest Courts
Decided
July 29, 1916
Docket
No. File No. 3956
Judges
Gates
Citations
158 N.W. 101737 S.D. 4441916 S.D. LEXIS 79
Disposition
Judgment and Order affirmed.
Headnotes
1. Appeals — Brief—Assignment of Error — Material Evidence Wanting — Statute. Where it does not appear that all material evidence received on trial is contained in appellant’s brief, an assignment of error that there is no evidence to justify the verdict, even if sufficient, will not he considered. Construing Laws 1913, Chap. 172. 2. Appellant’s Insufficient Assignment of Error — “Errors of Daw”— Court Rule. Under Supreme Court'rule 5 (140 N. W. VIII), an assignment of error, “Errors of Law occurring at the trial,” does not present for review alleged error in sustaining an objection to a question asked during trial and argued in appellant’s brief.
Summary
Appeal from- Circuit Court, Gregory Count}-. Hon. William William so N, Judge. Action by S. L. Denton, against S. E. Butler, to recover for plowing done. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Gates

Text extracted by OCR from a scanned original; check the original for exact wording.

GATES, J.

This case relates to an alleged agreement by a landlord to pay a tenant for some fall plowing* done by him. The jury found for the tenant. From the judgment and an order denying a new trial, -defendant appeals.

The -assignments of error are two, viz.: “(i) There is no evidence to justify the verdict; and (2) errors of law occurring at the -trial.”

[1] Inasmuch as it does not -appear that all of the material evidence received upon the trial -is contained in appellant’s brief, the first assignment of error, even if it were sufficient, could not he considered. Chapter 172, Laws 1913; Supreme Court Rule 6 ( 140 N. W. viii ); Gilfillan v. Schaller, 32 S. D. 638, 144 N. W. 133 ; Peterson v. Miller, 33 S. D. 397, 146 N. W. 585 ; Hepner v. Wheatley, 33 S. D. 34, 144 N. W. 923 ; Smith v. Pence, 33 S. D. 516, 146 N. W. 709 ; Davis v. Davis, 36 S. D. 336, 154 N. W. 799 ; State v. Carmel, 36 S. D. 293, 154 N. W. 808 .

[2] The alleged error in- sustaining an objection to a certain question asked during the trial and argued in appellant’s brief is not presented f-o-r review by assignment of error No. 2, supra. Supreme Court rule 5 ( 140 N. W. viii ).

Finding noi error in the record, the judgment and order appealed from1 are affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1917: 11918: 21928: 11931: 119172026peak 1918 · 2

Relies on it most ⓘ

  1. Berke v. McCook County165 N.W. 985 (S.D. 1917)
  2. Hanson v. Lambert219 N.W. 892 (S.D. 1928)
  3. McWaid v. Darnell168 N.W. 759 (S.D. 1918)
  4. Theo. Hamm Brewing Co. v. Huber169 N.W. 551 (S.D. 1918)
  5. Lockmon v. Evans238 N.W. 341 (S.D. 1931)

Most recent

  1. Lockmon v. Evans238 N.W. 341 (S.D. 1931)
  2. Hanson v. Lambert219 N.W. 892 (S.D. 1928)
  3. Theo. Hamm Brewing Co. v. Huber169 N.W. 551 (S.D. 1918)
  4. McWaid v. Darnell168 N.W. 759 (S.D. 1918)
  5. Berke v. McCook County165 N.W. 985 (S.D. 1917)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 6

DepthCaseCited by
Hepner v. Wheatley, 144 N.W. 923 (S.D. 1913) 25
Smith v. Pence, 146 N.W. 709 (S.D. 1914) 17
Peterson v. Miller, 146 N.W. 585 (S.D. 1914) 12
Gilfillan v. Schaller, 144 N.W. 133 (S.D. 1913) 9
State v. Carmel, 154 N.W. 808 (S.D. 1915) 4
Davis v. Davis, 154 N.W. 799 (S.D. 1915) 2

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