Reports of Cases Decided in the Supreme Court of the State of South Dakota Volume 33

Reports of Cases Decided in the Supreme Court of the State of South Dakota Volume 33

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914 edition. Excerpt: ...with the narrative statement and alleged objections set forth in the statement of the case as found in the brief, we have been able, with reasonable certainty, to determine what parts of the narrative statement were called out by the several questions referred to in such specifications. With the single exception of the question referred to in specification No. 5, we can find nothing in the narrative statement that would seem to have any connection whatsoever with the question referred to in such specification. Certainly that portion of the statement which purports to set out evidence which, it is contended, was received over proper objections should present to this court the question, objection, answer, and exception, and the assignment-based thereon should refer us to t-he page of the 'brief where such statement will be found. 2 Appellant assigns as error an instruction of the court wherein-the court assumed that respondent was a resident of this state. Appellant contends that, under the pleadings, there was raised an issue as to plaintiffs being a resident of the state at the time of the attachment. V"hile it is true such an issue was raised by the pleadings, it is also true that the evidence received presented no such issue. 3 Appellant complains of the following instruction: "I claim the right of exemptions is a very sacred right under the laws of the state of South Dakota, and not only for the husband or the head of the family, but for the wife. and any member of the family under a certain age has the right to claim exemptions." Appellant claims that this instruction wrongfully assumes that the plaintiff had a right to exemptions; that it raises a question which was not an issue, namely, the right of the more

Product details

  • Paperback | 282 pages
  • 189 x 246 x 15mm | 508g
  • United States
  • English
  • black & white illustrations
  • 123680547X
  • 9781236805478