Stone v. Crow

Citations

• 2 S.D. 525
• 51 N.W. 335
• 1892 S.D. LEXIS 17

Syllabus

<p>1. Section 5292, Comp. Laws, provides that depositions shall be sealed up and indorsed with the title of the cause and the name of the officer taking the same, and by him addressed and transmitted to the clerk of the court. Held, that when this is done, and it is received by the clerk the court in which it is to be used, and the date of its reception has been placed upon it by him, it makes a proper filing of such deposition.</p> <p>2. A jury is, from the very nature of its functions, the rightful and legitimate branch of the court to determine the facts in a case submitted to it. It is the most competent to test the credibility which is to be attached to the witnesses, and to weigh their evidence, and it must be a glaring and palpable case of injustice which will induce an appellate court to interfere and disturb the finding of a jury.</p> <p>3. When there is no evidence, or when the verdict is wholly unsupported by evidence,’the court should interfere, and grant a new trial in furtherance of the ends of justice. The evidence has been examined, and this is found to be such a case.</p> <p>(Syllabus by the Court.</p>