Public-domain · open source
OpenJurist

36 S.D. 15

Johnson v. Sayer

South Dakota Supreme Court

Decided August 7, 1915

South Dakota Supreme Court · decided 1915-08-07

Hon. Frank McNulty, Judge. Action by Adolph Johnson against Rose E. Sayer, in claim and delivery. From a judgment for plaintiff, and' from an order denying a new trial, defendant appeals.

Affirmed · Decided 1915-08-07

WHITING, J.

¶1This is an action in replevin. Verdict and judgment were for the plaintiff. Upon this appeal the only matter urged by the appellant is the alleged insufficiency of the evidence to support the verdict. Inasmuch as the record does not show, any motion for directed verdict, the only manner in which the insufficiency of this evidence could be called to the attention this court would be through an assignment assigning as error the overruling of appellant’s motion for new trial. No such assignment appearing in appellant’® brief, this court has no jurisdiction to consider the alleged insufficiency of the evidence.

¶2The judgment and order appealed from are affirmed.

/36/sd/15 · .json · Public domain