Chandler v. Kennedy

Citations

• 8 S.D. 56
• 65 N.W. 439
• 1895 S.D. LEXIS 21

Syllabus

<p>1. As the statute allows parties to waive findings by the court, a waiver will be presumed, unless the fact of nonwaiver is shown by the record.</p> <p>2. A bill of exceptions or statement on motion for g new trial, used on appeal, must specify the particular grounds upon which the moving and appealing party will rely.</p> <p>8. This being the express requirement of the statute, it is not sufficient that such specifications of errors of law, or particulars in which the evidence is insufficient, be contained in the notice of intention, or elsewhere, except when the motion for new trial is made upon the minutes of the court.</p> <p>4. Section 1, Chap. 16, Laws 1889, providing “that any provision contained in any note, bond, mortgage or other evidence of debt for the payment of an attorney fee in case of default in payment or of proceedings had to collect such note, bond or evidence of debt or to foreclose such mortgage is hereby declared to be against public policy and void,” a stipulation for attorney’s fee in an otherwise negotiable note cannot have the effect of destroying its negotiability.</p> <p>5. The note in suit is held to be negotiable, whether regarded as an Iowa or a South Dakota contract.</p> <p>(Syllabus by the Court.</p>