Morris v. Hubbard

Citations

• 10 S.D. 259
• 72 N.W. 894
• 1897 S.D. LEXIS 53

Syllabus

<p>1. Under allegations setting- forth a lien on property under a written contract, a party cannot prove a lien contracted for by parol.</p> <p>2. Where items contracted for under a written contract were alone admissible in evidence, and the supreme court cannot, by an inspection of- the record, eliminate irrelevant evidence of items contracted for by parol, a new trial will be granted.</p> <p>3. The oral evidence of the clerk is not competent to contradict the recitals of an execution respecting- the time of the rendition of the judgment.</p> <p>4. In the absence of proof, the laws of another state are presumed to be the same as those of South Dakota.</p>