Mt. Terry Min. Co. v. White

Citations

• 10 S.D. 620
• 74 N.W. 1060
• 1898 S.D. LEXIS 50

Syllabus

<p>1. A witness in chief, testifying as to an account, said that he was unable, without reference to a certain account book, to state the amount thereof. Held that, where he identified such book on cross-exammatidn, the page .therein containing the account referred to was admissible as a part of his cross-examination.</p> <p>2. In an action for money received, defendant denied the indebtedness,'and also alleged a settlement. The court limited the issue to the question what, if any, money had been received. The evidence in support of such issue was unsatisfactory, yet there was a verdict for plaintiff. Held, that it was reversible error to send the pleadings with the jury on their retirement, since they probably construed the defense of settlement as an admission of the indebtedness.</p> <p>3. Where a notice of intention to move for a new trial unnecessarily specifies the particulars in which the evidence is alleged to be insufficient, and a copy of the notice is incorporated into and made a part of the bill, it is a sufficient compliance with the statute, and the fact that the page of the bill containing the required specifications also contains the language of the notice does not render it invalid because of the superfluous specifications.</p>