108 N.W. 633 | S.D. | 1918
Plaintiff and defendant, after haying reared a family of children, became 'divorced. At the time of the divorce, they entered into a written stipulation ¡by which this plaintiff was1 given permission to take from their home certain household - articles. 'Several months thereafter in endeavoring to remove thes'e articles, and some which' defendant denied her right to, she wa-a assaulted iby defendant. This action was brought to recover d'am-•ages ¡therefor. From a judgment for plaintiff in' the sum- of $1,500 and from- an order denying a new: trial, defendant appeals.
Appellant’s- brief 'contains many assignments of error, ¡but only four propositions are ¡argued, viz.: Misconduct of the court; insufficiency of the evidence to sustain the verdict; excessive damages appearing to have been given under the influence of passion or prejudice; and errors in the instructions -to the jury.
“Now, Mr. Bartlett, you will please answer the questions as they are asked, and you will d'o it in a decent and respectful way, and if you don’t you will pay some of the expense of this court, and you don’t want to talk hack to the court- either.”
Enough, of the record is disclosed to show the defendant’s attitude upon the witness stand to have been fipp-ant and1 insulting, and t-hat he frequently volunteered matter not -responsive to' questions propounded. Unfortunately, the printed record cannot disclose a phonographic reproduction- of the voice of the witness nor a, photographic reproduction of his manner upon the witness .stand. ■W'e are unable to say from the redord that the trial court abused that judicial discretion that is- committed to' it.
Tire judgment and order -appealed from are affirmed