Wenke v. Hall

Citations

• 17 S.D. 305
• 96 N.W. 103
• 1903 S.D. LEXIS 48

Syllabus

<p>1. Under Code Civ. Proc. § 303, subds, 2,[3, where a motion for a'new triál is made on the bill of exceptions, the specifications of the particular errors of law, occurring at the trial, excepted to by the moving party, and the specifications of the particulars wherein the evidence is insufficient to support the findings of the trial court, must be contained in or annexed to the bill in order to present the questions for review in the Supreme Court, and the specifications of errors in the motion for a new trial are not sufficient.</p> <p>2. Under Code Civ. Proc. § 303, subd. 4, when a motion for a new trial is’. made on the minutes of the court the notice of intention must specify the particulars in which the evidence is insufficient, and the particular errors of law on which the moving party will rely.</p> <p>3. Where, in a suit to foreclose a mortgage given to secure the payment of certain notes, the court found the amount due, it was not required to find the precise amount paid on each note and when such payments were made, such a finding being a finding of evidence, and not of the ultimate fact.</p> <p>4. A finding by tbe court, in a suit to foreclose a mortgage given to secure the payment of certain notes, that a payment was made by the debtor on a note at a particular date, which date was within six years of the commencement of the suit, was a. finding that the action wa.s not barred.</p>