In re Seydel's Estate

Citations

• 14 S.D. 115
• 84 N.W. 397
• 1900 S.D. LEXIS 16

Syllabus

<p>1. Where an executor was sued in the county court, and judgment was rendered against him, which was reversed on an appeal to the circuit court, and the case was remanded, the circuit court cannot after-wards grant a rehearing, since it has no jurisdiction of the case after it has been remanded, either at common law or under Comp. Laws, § 4939, authorizing a court, at any time within one year after notice, to relieve a party from the judgment against him procured by mistake, inadvertence, surprise, or excusable neglect.</p> <p>2. A rehearing of a decision on appeal will not be granted where the facts relied on do not appear-in the record, and are' presented by affidavits and extrinsic evidence, since the court can only consider facts appearing in the record on á motion for rehearing.</p>