248 N.W. 491
File Nos. 7239, 7358.Supreme Court of South Dakota.
Opinion filed May 15, 1933.
Appeal from Circuit Court, Meade County; HON. JAMES McNENNY, Judge.
Atwater Helm, of Sturgis, for Appellant.
H.F. Fellows, of Rapid City, Dan McCutchen, of Belle Fourche Joseph Coursey, of Rapid City, and C.L. Brady, of Buffalo, for Respondent.
PER CURIAM.
The defendant has appealed from a judgment based upon findings of fact and conclusions of law entered by the trial court. The plaintiff has attempted to file a cross-appeal from the judgment and order denying a motion for a new trial. The record is confused. It is apparent, however, that the findings of fact will not support the conclusions of law or judgment.
The case is reversed, and a new trial ordered. Costs will be taxed in this court against the plaintiff below.
RUDOLPH, P.J., and POLLEY, CAMPBELL, ROBERTS, and WARREN, JJ., concur.
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