McVAY v. N. & L. MOTOR SALES

No. 9127.

44 N.W.2d 609 (1950)

McVAY v. N. & L. MOTOR SALES, Inc., et al.

Supreme Court of South Dakota.

Rehearing Denied December 26, 1950.


Attorney(s) appearing for the Case

Wm. S. Glanzer, Bridgewater, for appellant.

Dana & Maron, Sioux Falls, for respondents.


SICKEL, Judge.

Plaintiff's complaint alleges that he was defrauded in the purchase of an automobile from defendants. The case was tried to a jury and a verdict was returned for the plaintiff in the sum of $590.80. Defendants' application for a new trial was granted and plaintiff appealed.

Appellant contends that the application for a new trial was not determined by the circuit court within forty days after the presentation thereof, and that it is therefore...

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