Sands v. Cruikshank

Citations

• 15 S.D. 142
• 87 N.W. 589
• 1901 S.D. LEXIS 99

Syllabus

<p>1. The rule that granting a new trial for insufficiency of evidence will be reversed only where there has been a manifest abuse of discretion will not obtain where the application is heard by a judge who did not presided at the trial.</p> <p>2. The findings of a trial court on disputed questions of fact are presumptively right, and must stand unless the evidence clearly preponderates against them.</p> <p>3. Where, in a suit to determine adverse claims to mining grounds, defendant’s location rested on an alleged lode location prior to plaintiff’s the burden was on defendant to establish the' fact of an actual discovery prior to the initiation of the plaintiff’s location.</p>