Weller v. Hilderbrandt

Citations

• 19 S.D. 45
• 101 N.W. 1108
• 1904 S.D. LEXIS 113

Syllabus

<p>1. Where an order granting a new trial did not specify the grounds on which it was based, it will be affirmed on appeal, if any • ground on which the motion was made was sufficient to sustain the order.</p> <p>2. Where the weight of the evidence or the credibility of the witnesses is involved, or where the evidence on a material issue is so conflicting that different minds might reasonably draw different conclusions or inferences therefrom, it is error for the court to direct a verdict.</p> <p>3. Where, in an action against a sheriff to recover personal property levied on as the property of plaintiff’s tenant, the evidence as to whether the ' property was owned by plaintiff or the tenant was conflicting, and there was also evidence justifying an inference that plaintiff's agent,with plaintiff’s authority, had sold the property to the tenant, the giving of an instruction that for the purposes of the trial the property levied on belonged to plaintiff, and that there was no evidence to show that plaintiff’s agent had authority to or did make any sale of the property, etc., justified the granting of a new trial.</p> <p>4. An error shown will.be presumed prejudicial, unless the appellate court can clearly see that the appellant was not prejudiced thereby.</p>