Jones Lumber & Mercantile Co. v. Faris

Citations

• 5 S.D. 348
• 58 N.W. 813
• 1894 S.D. LEXIS 67

Syllabus

<p>1. Where appellant’s abstract contains matter, and upon it presents questions lor review; which matter could only be presented by a bill oí exceptions or statement, and which questions could only properly be presented after a motion for a new trial in the court below, and respondent flies no additional abstract denying that a bill of exceptions or statement was settied or motion for a new trial made, the abstract will be considered in this court as claiming that a bill or statement was settled, and motion for new trial made.</p> <p>2. In such case a motion to strike out such portions of the abstract as purports to show the proceedings of the trial, on the g'round that the abstract does not specifically state that a statement or bill was duly settled and a motion for new trial made, will be denied.</p> <p>3. Errors of law occurring at the trial, and duly excepted to, may be reviewed in this court when presented by a proper bill or statement, on appeal from the judgment, although no motion for a new trial was made in the court below.</p> <p>(Syllabus by the Court.</p>