Haggarty v. Strong

Citations

• 10 S.D. 585
• 74 N.W. 1037
• 1898 S.D. LEXIS 42

Syllabus

<p>L Where no motion for a new trial is made, only such errors as present questions of law can be considered on appeal.</p> <p>2. Where two persons were sued as a corporation, and they answered, denying such corporation, and alleging- a co-partnership, and interposing a general denial, and a defense on the merits, such answer being a general appearance, a motion to amend the complaint by striking from the title the corporate name, and inserting the names of the two persons as co-partners, and conforming the allegations of the complaint to such amendment, was properly allowed under Comp. Laws, l 4938, providing for amendment of pleadings, in furtherance of justice, in eases of mistake.</p> <p>3. The deposition of a physician will not bé stricken out on motion of defendant in an action for personal injuries on the ground that his answers on cross-examination were nonresponsive and evasive, in that he was not able to state “what bones, muscles, and lig-aments were injured on ac count of the wound.</p> <p>4. A motion to direct a verdict in favor of defendant at the close of plaintiff’s evidence, which is overruled, will be waived, unless renewed at the close of all the evidence.</p> <p>5. It is error to submit to the jury a fact as to which there is no evidence, or to instruct with reference to such fact.</p> <p>6. Where there is no evidence presented in the abstract on which instructions asked by a party and refused could be properly based, the supreme court will presume, ‘in support of the judgment, that the ruling of the trial court was correct.</p> <p>7. An appellate court will not reverse a case upon the instructions given, when the evidence is not before the court, unless they would have been erroneous in any view of the case.</p>