Lite v. Ordway Common School District No. 14

LITE v. ORDWAY COMMON SCHOOL DISTRICT NO. 14, of Brown County, South Dakota

Lite v. Ordway Common Sch. Dist. No. 14, 187 N.W. 537 (S.D. 1922)

Court: South Dakota Supreme Court · State Highest Courts
Decided: March 31, 1922
Docket: No. File No. 5051
Judges: Gates, Smith
Citations: 187 N.W. 53745 S.D. 2951922 S.D. LEXIS 49
Disposition: Affirmed.

Cited by 0

Headnotes

Appeals — Assignments of Error R© Sufficiency of Evidence, No Motion Eor New Trial, No Review. Assignments of error "being based solely on insufficiency of evidence to sustain findings, and no motion for new trial having been made, no question for review is presented. Smith, J., not sitting.

Summary

Action by J. E. Lite, against Ordway Common School District No. 14, of Brown County, South Dakota, a municipal corporation, and William Schultz and others, members of the 'School Board, and C. J. Johansen, to have a certain alleged attempted contract by defendants for construction of a school house declared illegal and void, and for judgment enjoining defendants from constructing such school house, and for other relief. Erom a judgment for defendants, plaintiff 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, P. J.

This is an appeal from a judgment.. The assignments of error are based solely upon the insufficiency of the evidence to sustain the finding of the trial court. Such, being the case and no motion for new trial having been made, the assignments of error (even if in accordance with the rules of this court) present no question for review. Keyes v. Baskerville, 42 S. D. 381, 175 N. W. 874 .

The judgment is affirmed.

SMITH, J., not sitting.

How later courts describe this case

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Cited by 0 cases

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Authorities cited 1

Depth	Case	Cited by
	Keyes v. Baskerville, 175 N.W. 874 (S.D. 1919)	26

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