SCHERF v. MYERS

Nos. 11665 and 11706.

258 N.W.2d 831 (1977)

Harold W. SCHERF, Plaintiff and Respondent, v. Morris B. MYERS, Defendant and Appellant.

Supreme Court of South Dakota.

Rehearing Denied December 7, 1977.


Attorney(s) appearing for the Case

Bruce Cutler, Aberdeen, for plaintiff and respondent.

Morris B. Myers, pro se.


DUNN, Chief Justice (on reassignment).

Defendant has appealed from a judgment entered against him following a court trial on plaintiff's action based upon an alleged conversion of certain guardianship funds. We affirm as to liability but reverse as to damages.

At the outset, we are faced with plaintiff's contention that because defendant failed to submit proposed findings of fact he is precluded from asking for a review of the sufficiency of the evidence to...

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