Morrow v. Letcher

Citations

• 10 S.D. 33
• 71 N.W. 139
• 1897 S.D. LEXIS 5

Syllabus

<p>1. An order granting a new trial on the ground of insufficiency of the evidence will be reversed only where there has been a manifest abuse of the trial judge’s discretion.</p> <p>2. In transmitting to plaintiff’s attorney an order granting defendant a new trial, the trial judge inclosed a letter wherein certain reasons were assigned for his action. The letter was not incorporated in the bill of exceptions, and was not filed with the clerk. Held, that the letter was not a part of the record, and could not be considered on appeal.</p>