Hackett v. Gunderson

Citations

• 1 S.D. 479
• 47 N.W. 546
• 1891 S.D. LEXIS 50

Syllabus

<p>1. An appeal before judgment from an order refusing' to set aside a verdict, and to grant a new trial on the ground of insufficiency of the evidence, and from a subsequent order refusing the same relief on the ground of newly discovered evidence, is a double appeal, and will be dismissed on motion.</p> <p>2. An appeal from the judgment might bring up both of said orders for review as intermediate orders involving' the merits, and necessarily affecting the judgment, but the orders themselves, each being the subject of an independent appeal, cannot be thus united before judgment in a single appeal.</p> <p>(Syllabus by the court.</p>