Demmon v. Mullen

Citations

• 6 S.D. 554
• 62 N.W. 380
• 1895 S.D. LEXIS 152

Syllabus

<p>1. A verdict based upon and sustained by legal evidence will not be disturbed on appeal. Jeansch v. Lewis, 48 N. W. 128, 1 S. D. 609.</p> <p>2. The policy of the law is to require a party to an action to be diligent in securing and presenting his evidence when- the cause is tried, and a motion for a new trial upon the ground of newly-discovered evidence will not be gi’anted when it is clear that a party has failed to exercise reasonable diligence, and when the proposed evidence is cumulative in its character, and unlikely to change the result in case a rew trial should be granted.</p> <p>(Syllabus by the court.</p>