Miller v. Way

Citations

• 5 S.D. 468
• 59 N.W. 467
• 1894 S.D. LEXIS 82

Syllabus

<p>1. Although an appeal from a judgment does not present questions of fact to this court for review, where a motion for a new trial is made after enti-y of judgment, and no appeal is taken from an order denying the same, errors of law occurring at the trial, and duly excepted to, may he reviewed on appeal from the judgment only when presented by a proper bill or statement, even though no motion for a new trial was made in the court below.</p> <p>2. As between the original parties, parol evidence that does not tend to contradict the terms of a written instrument is admissible to show the true intent and meaning of the persons entering into the same, when there is something on the face of the instrument that suggests a doubt as to the parties bound, and the court cannot by inspection determine the question from the paper creating the obligation.</p> <p>(Syllabus by the Court.</p>