Distad v. Shanklin

Citations

• 11 S.D. 1
• 75 N.W. 205
• 1898 S.D. LEXIS 61

Syllabus

<p>1. In a notice of motion for new trial on the ground of irregularity in the proceedings of the jury, a specification that one of the jurors was insane at the time of the trial is sufficient.</p> <p>2. In a notice of motion for new trial oh the ground of insufficiency of the evidence, a specification that the evidence of plaintiff showed the property in suit to be worth a certain sum, which the jury had disregarded (there being no evidence to the contrary) is sufficient.</p> <p>3. The stenographer’s notes need not be filed before the hearing of a motion for new trial made on the minutes of the court.</p> <p>4. A verdict contrary to the instructions will be set aside.</p> <p>5. The grant of a new trial for insufficiency of evidence will not be disturbed in the absence of an abuse of discretion.</p>