Johnson v. Sayer
This text of 153 N.W. 908 (Johnson v. Sayer) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This is an action in replevin. Verdict and judgment were for the plaintiff. Upon this appeal the only matter urged by the appellant is the alleged insufficiency of the evidence to support the verdict. Inasmuch as the record does not show, any motion for directed verdict, the only manner in which the insufficiency of this evidence could be called to the attention this court would be through an assignment assigning as error the overruling of appellant’s motion for new trial. No such assignment appearing in appellant’® brief, this court has no jurisdiction to consider the alleged insufficiency of the evidence.
The judgment and order appealed from are affirmed.
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Cite This Page — Counsel Stack
153 N.W. 908, 36 S.D. 15, 1915 S.D. LEXIS 113, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-sayer-sd-1915.