Grant v. Grant

Citations

• 6 S.D. 147
• 60 N.W. 743
• 1894 S.D. LEXIS 134

Syllabus

<p>1. A motion for a new trial upon questions of fact is addressed to the sound discretion of the trial court, and the decision of such court in granting or refusing the same will not be disturbed by the appellate tribunal unless it appears affirmatively from the record that there has been an abuse of such discretion.</p> <p>2. A clearer case is required to authorize the reversal of an order granting a motion for a new trial than is required to reverse an order overruling such motion.</p> <p>8. This action having been instituted while section 2578, Comp. Haws, was in force, which provided that, “a divorce must not be granted unless the plaintiff has, in good faith, been a resident of the territory ninety days next preceding the commencement of the action,” the plaintiff, in order to maintain his action, was required to show a substantial compliance with the provisions of the statute; that is, that he had resided in the state for the period of 90 days next preceding the commencement of the action, and that such residence .was in good faith. A new trial, therefore, granted by the trial court upon affidavits of newly-discovered evidence tending to prove that the alleged residence of plaintiff in this state was not in good faith, will not be disturbed by this court.</p> <p>(Syllabus by the Court.</p>