Ayers, Weatherwax & Reid Co. v. Sundback
Ayers, Weatherwax & Reid Co. v. Sundback
Opinion of the Court
Respondent asks to be allowed to reargue this case, which was decided at the last term, and reported in 5 S. D. 31, 58 N. W. 4, and to be further allowed'to file and serve an-additional abstract. Counsel does not attack the correctness of the decision upon the abstract upon which the case was heard, but represents in his petition that the abstract was incomplete, and that the bill of exceptions contained matter which, if it had gone into the abstract, would plainly have led
Reference
- Full Case Name
- Ayers, Weatherwax & Reid Co. v. Sundback, Sheriff
- Cited By
- 1 case
- Status
- Published
- Syllabus
- The rules of this court provide that when a party through mistake or excusable neglect has made or consented to an abstract which is incorrect or imperfect, he may, upon a satisfactory showing, be allowed to file an additional abstract; but, held, that the excusing circumstances should be very exceptional, or the case of unusual importance, to justify the application of the rule after a case has been argued, submitted, and decided; and held, further, that this is not such a case. (Syllabus by the Court.