Kingman v. O'Callaghan

Citations

• 4 S.D. 628
• 57 N.W. 912
• 1894 S.D. LEXIS 20

Syllabus

<p>1. Tbe provisions of our statute are to be liberally construed with a view to effect its objects and to promote justice. Comp. Laws, \\ 4763.</p> <p>2. To use a house as a home is to act with regard to it in that manner; and when the head of a family, ovning no other residence; purchases the site of an intended homo, and begins the erection of a dwelling house thereon, with the intent by so doing to establish a place of abode for himself and family, which intention is followed by such occupancy as soon thereafter as the house, under the circumstances, can be completed, he is so acting, and the requirements of our statute have been answered, and the property is impressed with the homestead character before such house is completed and actually occupid by the family of the owner.</p> <p>3. A decision rendered by a trial court should not be disturbed on appeal on the ground of improper admission or rejection of evidence, where it appears that no substantial wrong or miscarriage of justice has been thereby occasioned; and when a cause in equity has been tried to such court, and findings of fact have been made that are by competent evi* donee substantially sustained, and such findings justify the conclusions of law and the decision rendered thereon, this court will presume that improper testimony admitted on the trial was disregarded, and the admission thereof was error without prejudice.</p> <p>(Syllabus by the Court.</p>