C. Gotzian & Co. v. McCollum

Citations

• 8 S.D. 186
• 65 N.W. 1068
• 1896 S.D. LEXIS 6

Syllabus

<p>1. An application for a continuance, or a motion for a new trial, based upon. the ground of surprise, being addressed to the sound discretion of the trial court, its rulings thereon will be reviewed only when there is manifestly an abuse of such discretion.</p> <p>2. A stronger case must be made to justify a reversal on appeal when a continuance or a new trial has been granted than when such application has been refused.</p> <p>(Syllabus by the Court.</p>