When reviewing an order denying a new trial, the Supreme Court may review all matters properly and timely presented to the court by the application for a new trial. Source: SDC 1939 & Supp 1960, § 33.0710; SDCL, § 15-26-21 .
Matters subject to review on appeal from order denying new trial
SDCL § 15-26A-9, under RULES OF CIVIL APPELLATE PROCEDURE.
SDCL § 15-26A-9