Cranmer v. Kohn

Citations

• 11 S.D. 245
• 76 N.W. 937
• 1898 S.D. LEXIS 109

Syllabus

<p>1. A copy of an instrument sued on, attached to the complaint as an exhibit, becomes a part of it, and must be considered in determining its sufficiency.</p> <p>2. A question decided in a case on appeal becomes the law of the case.</p> <p>8. An objection tha* the jury took a memorandum of a calculation of the amount of the recovery imade by the judge to their room will not be considered, unless the record affirmatively shows that such record was so taken.</p> <p>4. Under a notice of intention to move for a new trial because of excessive damages, insufficiency of evidence, and errors in law, the objection that the court permitted the jury to take improper papers to their room cannot be considered, since that is an irregularity, and hence a distinct ground for new trial, under Comp. Laws, \\ 5088.</p> <p>5. Under said section, the objection that the verdict was Returned in the absence of the stenographer, sheriff, and defendant, and after the court had adjourned until, the following day, cannot be considered under such notice.</p> <p>6. Where the amount of the recovery was a fixed percentage on a sum to be found, it was not error in the charge to compute the percentage on different sums, and tell them that the result would be the amount of the verdict, if they found the sum on which the percentage was to be computed identical with the sum used, where the jury was told that the figures used only indicated the method of computation to be followed.</p> <p>7. Whei’e, in an action for wrongful discharge of a servant, whose compen-' sation was to be a fixed sum if his sales reached a certain sum, and a percentage if less, the only issue was as to the amount of sales, if he had been permitted to complete his term, it was proper to submit that issue to the jury, and tell them that, if they found his sales reached the required sum, his compensation would be the unpaid balance of the stipulated amount.</p> <p>8. Under Comp. Laws, (j 5057, providing that, in respect to a caus