South Dakota Codified Laws 45-5-10. Appeal from assessment of damages–Limited to amount of damages–Jury trial
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Such an appeal shall bring before the court only the propriety of the amount of damages and shall be tried by a jury unless a trial by jury be waived as in other civil cases.
Terms Used In South Dakota Codified Laws 45-5-10
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Source: SL 1881, ch 97, § 10; CL 1887, § 2025; RPolC 1903, § 2559; RC 1919, § 8753; SDC 1939, § 42.0209.