Hagaman v. Gillis

Citations

• 9 S.D. 61
• 68 N.W. 192
• 1896 S.D. LEXIS 117

Syllabus

<p>1. Where a paper is shown to have been last in the possession of a person who is out of the state, notice to the adverse party to produce the paper is not necessary, to render secondary evidence of its contents admissible in evidence.</p> <p>2. Plaintiff held a relinquishment by G. of a tree claim entry, which he delivered to G. for the purpose of permitting G. to make proof, and completing a sale of the land to a third person. The land was conveyed by G. to the person designated by plaintiff, and defendant, who acted with G., as agent of plaintiff, in negotiating the sale, retained a portion of the proceeds, falsely representing that it had been paid to a third person to induce him to withdraw a contest to the proving of the claim. Held, that defendant could not defeat a recovery of the money so retained on the ground that the sale of the tree claim entry by G. to plaintiff was within the statute of frauds.</p> <p>3. Where the order denying a new trial is made after judgment, an appeal from the judgment does not bring up for review the sufficiency of the evidence.</p>