Regan v. Whittaker

Citations

• 14 S.D. 373
• 85 N.W. 863
• 1901 S.D. LEXIS 31

Syllabus

<p>1. Under Comp. Laws, § 5090, subd. 4, providing that a motion for a new trial on the minutes of the court shall be denied if the notice does not specify wherein the evidence was insufficient to support the finding, the supreme court, in reviewing an order overruling a motion for a new trial on the minutes, will not review the evidence as to its sufficiency, where the notice of motion did not specify the particulars in which the evidence was insufficient.</p> <p>2. In an action to restrain an alleged trespass to a mining claim, evidence of the plaintiff that a third party told him he could locate the mine in his own name was properly excluded as incompetent.</p> <p>3. In an action to restrain a trespass to a mining claim, where the defendant alleged that the plaintiff had never made a valid location of the claim, evidence that plaintiff had performed assessment work on the claim was properly excluded as immaterial.</p> <p>4. Where evidence was improperly excluded when offered, the error was cured by its subsequent admission.</p> <p>5. In an action to restrain a trespass to a mining claim, a judgment for the defendant was properly rendered, where the court found that no valid discovery had been made on the lode, that the same had not been located or the boundaries marked in the prescribed manner, that no valuable mineral of the' required classes was within the boundaries of the property, and that the defendant’s title to the property was valid.</p>