Billingsley v. Hiles

Citations

• 6 S.D. 445
• 61 N.W. 687
• 1895 S.D. LEXIS 131

Syllabus

<p>1. Where the notice of intention to move for a new trial states as the grounds thereof, insufficiency of the evidence, and. errors in law oecuring at the trial, but the record upon which such motion is heard contains no further specification, either of the alleged errors in law or the particulars in which it is claimed the evidence is insufficient, the trial court may properly deny the motion, so far as it is based upon the grounds named. Section 5090, Comp. Laws.</p> <p>2. A certificate of a public officer is only evidence when made so by law. Authenticated copies of judicial and other public records are admissible as evidence, but certificates as to their general legal effect, or as to what they show or prove, are not.</p> <p>3. An application for a continuance during the progress of a trial is ad- * dressed to the discretion of the court, and its decision will not be reviewed unless its discretion appears to have been misused.</p> <p>(Syllabus by the court.</p>