Pierce v. Manning

Citations

• 2 S.D. 517
• 51 N.W. 332
• 1892 S.D. LEXIS 16

Syllabus

<p>1. Where an action is tried by the court without a jury, and- a motion for a new trial on the ground of the insufficiency of the evidence to sustain the findings is overruled, an appeal from the judgment does not present the evidence for review in this court unless error is assigned in the overruling of the motion for a new trial.</p> <p>2. This court will not examine the question of the sufficiency of the evidence to support either the verdict of a jury or the findings of a court until such question has been presented to the trial court by a motion for new trial.</p> <p>(Syllabus by the Court.</p>