First National Bank v. McCarthy

Citations

• 13 S.D. 356
• 83 N.W. 423
• 1900 S.D. LEXIS 154

Syllabus

<p>1. Under (Jomp. Laws 1887, § 5090, providing' that the party intending to move for a new trial must within 20 days after notice of the'decision of the court, if the action was tried without a jury, serve on the adverse party a notice of his intention; and section 5327, declaring- that notices shall be in writing, — where the finding of fact, conclusions of law, and judgment were personally served on attorney for defendants orr May 7th, and the receipt of a copy acknowledged, but notice óf did Stiiifjf o'f findings and judgment was not served on defendants’ attorney in writing until November 12th, service by defendants on the attorney of plaintiff of tlioir intention to move for a new „ trial on November 29th was in time, since the service of May 7th was insufficient, as there was no writen notice of the decision, showing the fact and time of the gendering of the decision,</p> <p>2. Where, in an action by a bank to foreclose a mortgage, judgment was rendered in its favor, and the wife of the trial judge was a stockholder and director in the bank, an order granting defendant a new trial was proper, since the judge was not qualified to try the case.</p>