Minneapolis Threshing Machine Co. v. Skau

Citations

• 10 S.D. 636
• 75 N.W. 199
• 1898 S.D. LEXIS 56

Syllabus

<p>1. Where an order denying- a new trial was not entered below, an appeal therefrom taken in the same notice with that from the judgment will not be dismissed, there being no separate judgment roll; but the court will disregard the motion for new trial, and, unless a proper motion to direct a verdict was made, will refuse to review the evidence.</p> <p>2. Under Oomp. Laws, g 6132. providing that, on appeal from a justice court merely, the notice shall be transmitted to the appellate court, where the record does not affirmatively show due service, the presumption is that there was none, and the burden to prove that fact is on appellant in case objection is made.</p> <p>3. A mortgage of the earnings of a threshing machine in which the machine is described as that owned and possessed by the mortgagor, without giving its number or name of maker, or stating the place where, or the persons against whom, the earnings were to accrue, is insufficient to bind one who pays to the mortgagor a sum due for threshing after actual notice of the claim by the mortgagee; and, in an action by the mortgagee to recover of such person, the mortgage is inadmissible.</p>