Wilson v. Seaman

Citations

• 15 S.D. 103
• 87 N.W. 577
• 1901 S.D. LEXIS 92

Syllabus

<p>1. A contention that the evidence is insufficient' to support tile verdict on certain grounds will not be considered on appeal, where such grounds are not mentioned in the- specifications of error.</p> <p>2. It was not an abuse of discretion for a trial court to deny a motion for a new trial for newly-discovered evidence, authorized- by , Comp. Laws, § 5088, subd. 4, declaring that a new. trial may be granted for newly discovered evidence, material to the party making the application, which he could not, with reasonable diligence, have discovered and produced at the trial, where the affidavit did not state any reason why defendant had not procured the evidence .at the trial, and there was no showing of diligence to discover the evidence before the trial.</p> <p>3. Where, in an action on a note, affidavits as to the prejudice of the jurors were produced on the part of defendant, and were met by affidavits of the jurors themselves showing that there was no prejudice on their part, there was no -error in denying a new trial on such ground.</p>