Parrott v. City of Hot Springs

Citations

• 9 S.D. 202
• 68 N.W. 329
• 1896 S.D. LEXIS 138

Syllabus

<p>Comp. Laws, Sec. 5089, provides that, when application for new trial is made for certain causes it must be made on affidavits, and that “for any other cause it may be made either upon a bill of exceptions or a statement of the case, or upon the minutes of the court.” Section 5092 provides that the application for a new trial shall be heard at the earliest practicable period after the bill of exceptions or statement is filed. And Sec. 5090, Subd. 3, provides that “when settled the statement shall be signed by the judge * * * and shall be filed with the clerk.” Held, that the provision for bill of exceptions or statement is not merely directory, but that in a case for application on one or the other, or on the minutes, application not having been made on the minutes, or on affidavits, an order for a new trial made without an authenticated bill of exceptions or statement cannot stand.</p>