22 S.D. 351 | S.D. | 1908
It is alleged by the plaintiff that it obtained a judgment against defendant True W. Child, in the circuit court within and for Brown county, January 17, 1903, which was duly docketed in Spink county January 21, 1903; that plaintiff is the
The motion should be granted. Section 303, Rev. Code Civ. Proc., contains these provisions: “The party intending to move for a new trial must, within twenty days after the verdict of the jury, if the action were tried by jury, or after notice of the decision of the court, if the action were tried without a jury, serve upon the adverse party a notice of his intention, designating the statutory grounds upon which the motion will be made. *_* * Motions for new trial on the- ground of newly discovered evidence may be made at any time before the close of the term next succeeding that at which the trial was had.” Effect can be given to each of these