Reports of Cases Decided in the Supreme Court of the State of South Dakota, Volume 42Carter Publishing Company, 1923 |
From inside the book
Results 1-5 of 100
Page 7
... sustained by the trial court . This pro- cedure constituted misconduct on the part of the state's attorney , and the court would have been warranted in reprimanding him in open court at the time . But we do not believe that defendant ...
... sustained by the trial court . This pro- cedure constituted misconduct on the part of the state's attorney , and the court would have been warranted in reprimanding him in open court at the time . But we do not believe that defendant ...
Page 15
... sustained such objection , in the absence of some further showing by defendant . But plaintiff's objection was directed to the whole amendment , and the ends of justice clearly require the trial court to pass upon the allegations of ...
... sustained such objection , in the absence of some further showing by defendant . But plaintiff's objection was directed to the whole amendment , and the ends of justice clearly require the trial court to pass upon the allegations of ...
Page 24
... sustain finding that the conveyance was fraudulent and without consideration . Appeal from Circuit Court , Minnehaha County . HON . JOSEPH W. JONES , Judge . Action by Churchill & Alden Company , a corporation , against W. H. Ramsey and ...
... sustain finding that the conveyance was fraudulent and without consideration . Appeal from Circuit Court , Minnehaha County . HON . JOSEPH W. JONES , Judge . Action by Churchill & Alden Company , a corporation , against W. H. Ramsey and ...
Page 25
... sustained . But the objection was properly overruled as to the defendant Ella B. Ram- sey . According to defendants ' theory of the case , the property in- volved had been conveyed to Mrs. Ramsey by W. H. Ramsey for a good and valuable ...
... sustained . But the objection was properly overruled as to the defendant Ella B. Ram- sey . According to defendants ' theory of the case , the property in- volved had been conveyed to Mrs. Ramsey by W. H. Ramsey for a good and valuable ...
Page 28
... appeals . The only assignment of error that can be considered on this record is that the judgment is not sustained by the stipulated facts , which stand in the place and in lieu of findings 28 [ 42 S. D. FORCHT v . LIFE AND CASULTY CO .
... appeals . The only assignment of error that can be considered on this record is that the judgment is not sustained by the stipulated facts , which stand in the place and in lieu of findings 28 [ 42 S. D. FORCHT v . LIFE AND CASULTY CO .
Other editions - View all
Common terms and phrases
action adverse adverse possession affidavit affirmed alleged amendment Appeal from Circuit Appellant cited appellant's attorney authority bank Beadle county Brown County cause Circuit Court city of Watertown civil townships claim Code Codington County Company complaint constitute construction contends contract corporation counsel damages declared deed defendant appeals defendant's directed verdict effect error evidence fact fendant findings foreclosure further granted Hamlin County Harker held husband indorser injunction injury instruction intent interest issue Judge judgment and order judgment for plaintiff jurisdiction jury land Legislature ment Minnehaha County mortgage motion negligence notice Opinion filed order appealed order denying owner paid parties payment person plaintiff possession providing purchase purpose question quiet title realty record recover Respondent cited respondent's rule school districts South Dakota Stanley county statute suit Supreme Court sustained taxes testified testimony thereof tion trial court verdict witness
Popular passages
Page 153 - To constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith.
Page 201 - That nothing in this Act contained shall be construed to impair the rights of person or property now pertaining to the Indians in said territory, so long as such rights shall remain unextinguished by treaty between the United States and such Indians...
Page 202 - ... and to all lands lying within said limits owned or held by any Indian or Indian tribes; and that until the title thereto shall have been extinguished by the United States, the same shall be and remain subject to the disposition of the United States...
Page 22 - As against a principal, both principal and agent are deemed to have notice of whatever either has notice of, and ought, in good faith and the exercise of ordinary care and diligence, to communicate to the other.
Page 239 - Whenever the bodily or mental feelings of an individual are material to be proved, the usual expressions of such feelings, made at the time in question, are also original evidence. If they...
Page 265 - The service is complete at the time of the deposit, but if, within a given number of days after such service, a right may be exercised, or an act is to be done by the adverse party, the time within which such right may be exercised or act be done, is extended one day, together with one day additional for every full one hundred miles distance between the place of deposit and the place of address, if served by different post offices, but such extension shall not exceed thirty days in all.— 1931:...
Page 67 - In every action for the recovery of real property, or the possession thereof, the person establishing a legal title to the premises...
Page 212 - The General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms, shall not equally belong to all citizens.
Page 68 - ... under claim of title exclusive of any other right, founding such claim upon a written instrument as being a conveyance of the property in question, or upon the decree or judgment of a competent court, and that there has been a continued occupation and possession of the...
Page 239 - ... declarations to become a part of the res gestce, must have been made at the time of the act done which they are supposed to characterize, and have been well calculated to unfold the nature and quality of the facts they were intended to explain, and so to harmonize with them as obviously to constitute one transaction.