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44 S.D. 40

Lien v. Thomson

South Dakota Supreme Court

Decided March 21, 1921

South Dakota Supreme Court · decided 1921-03-21

'Appeal from Circuit Court, Marshall 'County. Hon. Raymond L. Diudman, Acting Judge. Action by Martin Rien, against A. W. Thomson.' From a judgment for plaintiff, and from an order denying new trial, defendant appeals.

Cited by 1 later decisions — most recently September 1926

1 state decisions

Relies on McWaid v. Darnell · Bridenbaugh v. McElrath · State v. Gray

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1921-03-21

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SMITH, J.

¶1Defendant appeals, fromi a judgment and an order overruling his mbtion for a new- trial and assigns as- error: First insufficiency of the evidence to sustain the judgment; second, errors in rulings admitting and rejecting evidence.

¶2It does not appear fromi appellant’s 'brief that it contains “a statement of all the material evidence received upon the trial.” This court, therefore, is without power to consider or pass upon the sufficiency of the evidence to support the verdict or judgment. McWaid v. Darnell, 41 S. D. 69, 168 N. W. 759. The argument in appellant’s brief contains less than a dozen printed lines and contains no allusion to, or discussion of, any assignments of error except that relating to insufficiency of the evidence. Assignments not discussed are deemed abandoned. State v. Gray, 27 S. D. 461, 131 N. W. 800; Bridenbaugh v. McElrath, 35 S. D. 307, 152 N. W. 113; Egan v. Dotson, 36 S. D. 549, 155 N. W. 783, Ann. Cas. 1917A, 296. Appellant’s assignments contain no reference whatever to the page of the brief at which the record of the alleged error is printed, and, in fact, the evidence printed in the brief is wholly narrative in form and does- not purport to-set out in connection with the evidence, the questions, answers, or rulings, -which are made the subject-matter of the assignments of error. For the reasons stated in McWaid v. Darnell, supra, the questions sought to be raised by assignments as to error in-rulings on evidence cannot be considered.

¶3No error appearing from the record as it comes before us. the order and judgment of the trial court must be affirmed.

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