Houck v. Hult
Decision Date | 16 March 1931 |
Docket Number | 6801 |
Citation | 58 S.D. 181,235 N.W. 512 |
Parties | J. R. HOUCK, Appellant, v. WALTER WALLACE HULT, et al, Respondents. |
Court | South Dakota Supreme Court |
WALTER WALLACE HULT, et al, Respondents. South Dakota Supreme Court Appeal from Circuit Court, Clay County, SD Hon. R. B. Tripp, Judge #6801—Remanded O’Keeffe & Stephens, Pierre, SD Attorneys for Appellant. Bogue & Bogue, Parker, SD Gunderson & Gunderson, Vermillion, SD Attorneys for Respondents. Opinion filed Mar 16, 1931
The above-entitled action was tried to the court without a jury, and findings, conclusions, and judgment were in favor of plaintiff. Thereafter defendants gave notice of intention to move for a new trial, which notice of intention stated that the motion would be “upon the following grounds,” and then proceeded to specify generally each of the causes set forth in section 2555, RC 1919, for the granting of a new trial, excepting only the causes specified in subdivisions 2 and 3 of said section, being misconduct of the jury and accident or surprise which ordinary prudence could not have guarded against.
Thereafter the motion for new trial was made, and said motion embraced all of the grounds set forth in the notice of intention.
Thereafter the learned trial judge made and entered an order purporting to grant a new trial, which said order after the title was as follows:
“The motion of defendants Anderson for a new trial having heretofore been submitted to the court by the above named parties on the settled record, and the court being convinced that in furtherance of justice that the motion should be granted, it is so ordered.
“To which plaintiff excepts and his exception is hereby settled and allowed.
“Done at Yankton, South Dakota, August 17, 1928.
“By the Court:
“R. B. Tripp, Judge.”
This order was prepared by the trial judge and not by counsel for either party. From this order plaintiff has appealed, and the sole assignment of error is that the trial court erred in making and entering the order granting new trial, for the reasons that said order “(1) does not set forth or specify the ground or grounds upon which said Order is based; (2) does not set forth or specify any legal ground for the granting of a new trial; and (3) is not based upon any ground urged by Respondents upon their Motion for a New Trial.”
The statutes of this state with reference to the occasions when a new trial may be granted are very liberal in their terms. Section 2558, RC 1919, reads as follows: “The verdict of a jury may also be vacated, and a new trial granted by the court in which the action is pending, on its own motion, without the application of either of the parties, when there has been such plain disregard by the jury of the instructions of the court, or the evidence in the case, as to satisfy the court that the verdict was rendered under a misapprehension of such instructions, or under the influence of passion or prejudice.”
This section gives the trial judge an extremely broad power to grant new trials of his own motion if he believes that his instructions have been misunderstood or disregarded, or that the verdict is so contrary to the evidence as to indicate the influence of passion or prejudice, although this power must be exercised at the time the verdict is returned, if at all. See Delmont State Bank v. Ramsdell, and cases cited.
Section 2555, RC 1919, provides the cases wherein a new trial may be granted upon application of a party in the following language:
“The former verdict or other decision may be vacated and a new trial granted on the application of the party aggrieved, for any of the following causes, materially affecting the substantial rights of such party:
The very liberality of the language of this statute makes it extremely difficult for a party appealing from the granting of a new trial, and for this court in such case, to know what particular error or errors the trial judge believes to have been committed sufficient to justify the granting of a new trial, unless in his order granting such new trial he affirmatively specifies his reason or reasons for so doing with much greater detail and particularity than merely to reiterate the broad general grounds set forth in the statute.
This situation was pointed out in an opinion of this court in Norman v. Miller, 392 (May 1, 1918), by Judge Whiting, in the following language:
By chapter 163, Laws 1919, the Supreme Court was affirmatively authorized and required on or before July 1, 1919, to establish rules of practice for trial courts of record, and pursuant thereto the court did on March 12, 1919 (40 SD preliminary pages 17-36), establish such rules to be effective July 1, 1919, including therein (perhaps not uninfluenced by the suggestion in Norman v. Miller, supra) Rule 30 reading as follows: The language of this rule seems quite simple and easy of understanding, and the spirit and intention thereof quite plain and definite. It contemplates that the trial court shall do just what the rule requires, namely, shall specify each and every ground upon which the order granting new trial is based. The rule further contemplates that such specification shall be actual and detailed as to the particular errors which the trial judge relies upon as justifying the granting of a new trial, and shall not be a mere reiteration of the broad general grounds stated in section 2555, RC 1919. The spirit and intention of the rule is not complied with by reciting merely that the new trial is granted because of “irregularity in the proceedings” under subdivision 1, sec. 2555, but the order should point out specifically the particular irregularity or irregularities upon which the trial judge relies as a sufficient reason for the granting of a new trial.
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...court could exercise this power it was there held that such had to be done promptly upon the return of the verdict. See also Houck v. Hult, 58 S.D. 181, 235 N.W. 512. That requirement has since been made a part of the statute in both civil and criminal proceedings and given a literal constr......
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