21 S.D. 55 | S.D. | 1906
The first trial of this action to recover a land agent’s commission terminated in a verdict and judgment for plaintiffs which was 'entered in circuit court February 18, 1904, and vacated therein'on the 27th day of July following by an order granting the defendant a new trial. Service of this order was duly admitted by counsel for plaintiffs who appeared for his clients at the second trial held at the April, 1905, term and which resulted in a verdict favorable to defendant upon which judgment was ren-' dered.
From this uniform rule of practice nothing is here presented to justify a departure, and the appeal is dismissed.