Gaines v. White

Citations

• 2 S.D. 410
• 50 N.W. 901
• 1892 S.D. LEXIS 2

Syllabus

<p>1. An appellate couri will not consider matters for review unless they were brought distinctly before the court below at the time of trial. It would be doing an injustice to the trial court, as well as to parties interested, to allow an interpolation of matter not occurring at the trial to have consideration or weight in reviewing the case in an appellate tribunal.</p> <p>2. The statute provides that a new trial may be granted upon the ground of newly discovered evidence which the party making the application could not with reasonable diligence have discovered and produced at the trial. The exercise of reasonable diligence is an express requirement of the statute. When this is not shown — in fact, no steps taken to procure such evidence — a new trial should not be granted. Parties must be ready to meet the issues when called upon to do so. 1 S. D. 434, affirmed.</p> <p>(Syllabus by the Court.</p>