Hagaman v. Gillis
South Dakota Supreme Court
Appeal from circuit court, Davison, county. Hon. D. Haney, Judge. Action by E. S. Hagaman against O. W. Gillis. There was a judgment for plaintiff, and defendant appeals. The facts are stated in the opinion. Notice to produce is an indispensable prerequisite to the introduction of secondary evidence of the contents of an instrument, and the fact of the giving of the notice must be proved before such secondary evidence can be offered.
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Appeal from circuit court, Davison, county. Hon. D. Haney, Judge. Action by E. S. Hagaman against O. W. Gillis. There was a judgment for plaintiff, and defendant appeals. The facts are stated in the opinion. Notice to produce is an indispensable prerequisite to the introduction of secondary evidence of the contents of an instrument, and the fact of the giving of the notice must be proved before such secondary evidence can be offered. Patterson v. Linder, 14 la. 416; Com. v. Emery, 2 Gray 80: Carland v. Cunningham, 37 Pa. St. 228; Weeks v. Lyons, 18 Barb. 530. There must be a refusal to…
1Opinion of the CourtCorson, P. J.
In 1889 one D. C. Gillis, the father of the defendant, was the owner of a tree claim in Davison county, in this state, and in that year had transactions with the plaintiff, resulting in the relinquishment of said tree claim, and placing the same in the hands of the plaintiff, but it was never filed in the land office. The plaintiff, who was a resident of the state of Michigan, before his return home left this tree claim, with other property he had purchased, ip charge of the defendant, the son of D. C. Gills, as agent. In 1893, about the time for proving up on said claim, the defendant…
2Cases cited14 opinions
- Burton v. DriggsSupreme Court of the United States · 1874
- Pierce v. ManningSouth Dakota Supreme Court · 1892
- Brown v. WoodSupreme Court of Missouri · 1854
- Gade v. CollinsSouth Dakota Supreme Court · 1896
- Hawkins v. HubbardSouth Dakota Supreme Court · 1892
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3Cited by5 opinions
- Keyes v. BaskervilleSouth Dakota Supreme Court · 1919
- Farmers' State Bank v. EmpeySouth Dakota Supreme Court · 1915
- Foss v. Van WagenenSouth Dakota Supreme Court · 1905
- Union Bond & Mortgage Co. v. BrownSouth Dakota Supreme Court · 1936
- Northwestern Elevator Co. v. LeeSouth Dakota Supreme Court · 1900