Kountz v. Kountz

Citations

• 15 S.D. 66
• 87 N.W. 523
• 1901 S.D. LEXIS 85

Syllabus

<p>1. An appeal from a judgment, and from an order denying a new trial made after entry of judgment, will not be dismissed, as being a double appeal.</p> <p>2. Where the evidence is not brought up for review, the question whether the facts sustain the judgment must be determined from the findings of the court.</p> <p>3. Where, in a suit to quiet title, the evidence is not brought up for review, and the findings of fact as to the ownership were irreconcilably in conflict, the decree of the trial court could not be sustained.</p> <p>Haney, J., dissenting.</p>