37 SD 444 - Denton v. Butler

How this case has been cited

Cited by 5 later decisions — most recently October 1931

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

GATES, J.

¶1This 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.

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

¶3[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.

¶4[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).

¶5Finding noi error in the record, the judgment and order appealed from1 are affirmed.