Narregang v. Brown County

Citations

• 14 S.D. 357
• 85 N.W. 602
• 1901 S.D. LEXIS 27

Syllabus

<p>1. The journals of the two houses of the legislature are not competent to impeach the validity of a statute enrolled and authenticated by the proper officers.</p> <p>2. Comp. Laws, § 5081, provides that, when an exception is to the sufficiency of the evidence to support the verdict, the objection must specify the particulars in which it is insufficient; and section 5090 declares that when a motion is made on the minutes of the court, based on the insufficiency of the evidence, the notice of intention must specify the particulars in which it is insufficient. Held, that an assignment of error based on the insufficiency of the evidence which does not specify t'he particulars in which the evidence is insufficient will not be reviewed.</p> <p>3. Where appellant did not discuss or refer in his brief to errors of law specified in his assignments, such errors will be presumed to have been waived.</p>