Merchants' Nat. Bank v. Stebbins

Citations

• 10 S.D. 466
• 74 N.W. 199
• 1898 S.D. LEXIS 15

Syllabus

<p>1. Under Laws 1893, Chap. 87, providing that certified transcripts of the court reporter’s notes shall be prima facie evidence of the proceedings had on the trial, the testimony of a deceased or absent witness may be repeated at a later trial between the same parties by introducing the reporter’s transcript of his former testimony.</p> <p>2. The granting of a new trial on the ground of the admission of incompetent evidence, not objected to on the trial upon the theory of excusable neglect, is within the discretion of the trial court, whose ruling thereon will not be disturbed, unless his discretion has been clearly abused. Corson, P. J., dissenting.</p>