Crouch v. Dakota, W. & M. R. R.

Citations

• 18 S.D. 540
• 101 N.W. 722
• 1904 S.D. LEXIS 97

Syllabus

<p>1. -Where the allegations of prejudice in an affidavit filed to disqualify a judge were hearsay and on information and belief, and were conclusively rebutted by positive affidavits produced by the opposite party, the denial of the application ftr a change of judge was proper.</p> <p>2. The refusal of a continuance rests in the sound discretion of the trial court, which ruling will not be reversed on appeal except for the most cogent reasons.</p> <p>3. Where the evidence in a proceeding before the court was largely documentary, consisting of registered instruments and court records, and the attorney most familiar with the documents required to present the issues was present at the trial, and there was little, if any, dispute concerning the material facts, defendants were not prejudiced by the court’s denial of a continuance for the absence of one of their attorneys during the taking of testimony.</p> <p>4. Where an abstract on appeal contained a copy ’of a petition for removal of the cause to the federal court, and a statement that the cause was removed, and by the circuit court of the United States remanded to the circuit court of the state for trial, it will be presumed that the action was properly remanded to the state court.</p> <p>5. Under Rev. Code Civ. Proc. 227, providing that a receiver may be appointed by the court in which an action is pending, or by a judge thereof, in all cases where receivers have heretofore been appointed by the usages of courts of equity, where plaintiffs in a suit to foreclose certain ' railroad liens had an interest in and a lien on the property, and the trial court found that a receiver was necessary to preserve the property, and that the sum allowed for the receiver’s services was reasonable, such findings are conclusive on appeal from a decree confirming a sale of the road.</p> <p>6. Where a railroad’s right to redeem from a sale on foreclosure of certain lines had become barred, the holders of other outstanding liens, who had