Daley v. Forsythe

Citations

• 9 S.D. 34
• 67 N.W. 948
• 1896 S.D. LEXIS 105

Syllabus

<p>1. On appeal from an order denying a motion to fix a time when a party might move for a new trial on the ground of newly discovered evidence, a bill of exceptions is not necessary.</p> <p>2. Plaintiff gave notice of a motion for a new trial on specified grounds, to be made on bill of exceptions. No bill was settled, and afterwards plaintiff moved for an order fixing a time when he might move for new trial on the ground of newly discovered evidence. Held, that an order denying such motion as being beyond the discretion of the court, in that newly discovered evidence was not specified as one of the grounds in the former notice, raises a question of law, affecting substantial rights, and is appealable.</p>