John A. Tolman Co. v. Savage

Citations

• 5 S.D. 496
• 59 N.W. 882
• 1894 S.D. LEXIS 96

Syllabus

<p>1. Where, on appeal, the-record consists only of the pleadings, the special verdict of the jury, and the judgment'rendered by the court, and the only error assigned is that the judgment is not supported by the special verdict, no other question of error, not going to the jurisdiction pf the court, can be considered.</p> <p>2. The presumption which goes to support a judgment on appeal will supply ommissions, but cannot prevail against positive error.</p> <p>3. Where, in an action at law, the jury, in answer to a specific question of fact, finds and returns a definite amount as due the plaintiff from the defendants, the correctness of which answer is not challenged by either side, the plaintiff is presumptively entitled to judgment for such amount.</p> <p>4. If facts exist which justify the court in rendering a different judgment the record should show them.</p> <p>(Syllabus by the court.</p>