Tyler v. Haggart

Citations

• 19 S.D. 167
• 102 N.W. 682
• 1905 S.D. LEXIS 17

Syllabus

<p>1. An order for a new trial, granted by the successor of the judge who tried the case, does not carry the usual presumption under which such an order will only be reversed in case an abuse of discretion appears.</p> <p>2. Findings of the trial judge based on conflicting testimony are entitled to very great consideration on appeal.</p> <p>3. Where, on an issue as to the location of a government corner by the surveyors, the actual location of the corner is shown, the actual location controls, though it does not correspond fully with the calls in the field notes.</p> <p>FULLER, J., dissenting.</p>