Gorman Min. Co. v. Alexander

Citations

• 3 S.D. 3
• 51 N.W. 349
• 1892 S.D. LEXIS 31

Syllabus

<p>1. An appeal was taken in this case by the plaintiff from the judgment rendered in the court below in favor of the defendants, which, for error appearing upon the judgment roll, has been reversed, and a new trial granted.</p> <p>2. This appeal was taken by the defendants from the same judgment, and in their notice of appeal they asked to have certain orders reviewed, made by the court below; but they do not complain of the judgment, as it gave them all the relief demanded in their answer.</p> <p>3. As this court has reversed the judgment and granted a new trial on the appeal of the plaintiff, it will not review the errors assigned on this appeal by the defendants, as many of the questions presented by this appeal may not arise on another trial; but will reverse the . judgment for the errors appearing upon the judgment roll for the reasons stated in the opinion in plaintiff's appeal. 2 S. D. 557; 51 N. W> Rep. 346.</p> <p>(Syllabus by the Court.</p>