Ormsby v. Conrad

Citations

• 4 S.D. 599
• 57 N.W. 778
• 1894 S.D. LEXIS 18

Syllabus

<p>1. On an appeal to this court the record must affirmatively show error; otherwise, this court will not disturb the decision of the court below. Following the decision of Kent v. Insurance Co., (S. D.) 50 N. W. 85.</p> <p>2. Where an order may be made by the circuit court as a matter of strict legal right of the applicant, or in the erercise of the court’s judicial discretion, and the character and form of the order indicate that it was made in the exercise of the court’s judicial discretion, and there is nothing in the record showing that it was not so made, this court will presume that such order was made by the court in the exercise of such judicial discretion.</p> <p>3. Where an order is made by the circuit court, to which the applicant, upon the facts shown by his affidavits, might be entitled, as a matter of strict l’ight, without the payment of costs, but which order the court, upon the facts disclosed is authorized to make in the exercise of its judicial discretion, and there are no findings of facts or recital of facts in the order, and the order is made on condition that certain costs and attorneys’ fees shall be paid, this court will presume that the order was made in the exercise of the court’s judicial discretion, there being nothing in the record showing that It was not so made.</p> <p>(Syllabus by the Court.</p>