Unzelmann v. Shelton

Citations

• 19 S.D. 389
• 103 N.W. 646
• 1905 S.D. LEXIS 54

Syllabus

<p>1. In a jury case the Supreme Court-will not review the evidence to determine its weight, but to ascertain whether there is sufficient legal evidence, assuming it to be uncontradicted, to support the verdict.</p> <p>2. The decision of the trial court in granting or refusing a new trial will not be disturbed, unless there has been a manifest abuse of discretion.</p> <p>3. In a case tried by the court the Supreme Court will review the evidence to ascertain whether the finding's are supported by the evidence, and,' if there is a clear preponderance against the findings, the decision will be reversed and a new trial ordered.</p> <p>4. On an issue as to the location of a government corner, evidence held sufficient to sustain a finding for defendant.</p> <p>5. On an issue as to the location of a government corner, the object is to ascertain the true points where the original government mounds were placed at the time of the original survey, and, if such points be ascertained, the line must remain as established by the original mounds.</p> <p>6. On an issue as to the location of a government corner, an instruction that, if there is a discrepancy between the field notes and the actual location of the corner as made on the ground, the location prevails, was correct.</p>