McHenry v. Lintecum

173 N.W. 835, 42 S.D. 228, 1919 S.D. LEXIS 114
CourtSouth Dakota Supreme Court
DecidedAugust 15, 1919
DocketFile No. 4544
StatusPublished
Cited by1 cases

This text of 173 N.W. 835 (McHenry v. Lintecum) 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.

Bluebook
McHenry v. Lintecum, 173 N.W. 835, 42 S.D. 228, 1919 S.D. LEXIS 114 (S.D. 1919).

Opinion

WHITING, J.

[1,2] Appeal from a judgment and fi-'om an order denying a new trial. Appellant questions the sufficiency of the evidence to support the court’s findings, and the correctness of the trial court’s conclusions. Any claim error in the court’s denial of a 'new trial must be predicated upon one or the other of th’e above grounds. ' Assigning error in the conclusions of the trial court only raises the question of the sufficiency of the findings to support such conclusions. Appellant has not attempted to point out wherein the findings do not support the conclusions. The only matters discussed by appellant in her brief relate to .the sufficiency of evidence to support findings. There is nothing in the printed record to- show that the question of the sufficiency of the evidence was ever presented to the trial -court upon a settled record containing specifications corresponding to, and that would support, the specifications set forth in the assignment of error in this court. Neither does it appear from such printed record before us, appellant’s -brief, that such record contains a statement of all the material evidence. There is therefore no record upon which -we can consider the claimed insufficiency of evidence. Section 3, c. 178, Laws 1913 (section 2546, Rev. Code 1919) ; section 1, c. 172, Laws 1913 (section 3149, Rev. Code 1919); Rule 6 of 1913 Rules Sup. Ct. (140 N. W. viii) ; Rule 4 of 1919 Rules Sup. Ct. (170. N. W. vii) ; Hepner v. Wheatley, 33 S. D. 34, 144 N. W. 923; Smith v. Pence, 33 S. D. 516, 146 N. W. 709.

The judgment and order appealed from are affirmed.

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Related

Beare v. Smith
140 N.W.2d 603 (South Dakota Supreme Court, 1966)

Cite This Page — Counsel Stack

Bluebook (online)
173 N.W. 835, 42 S.D. 228, 1919 S.D. LEXIS 114, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mchenry-v-lintecum-sd-1919.