Smith v. Allmendinger
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by E. L. Smith, doing business as the Sioux Falls Warehouse 'Company, against H. P. Allmendinger and others, to foreclose a mechanics lien. From a judgment in favor of plaintiffs, and! front an order denying a new trial, defendant Isabel Nelson, appeals.
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Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by E. L. Smith, doing business as the Sioux Falls Warehouse 'Company, against H. P. Allmendinger and others, to foreclose a mechanics lien. From a judgment in favor of plaintiffs, and! front an order denying a new trial, defendant Isabel Nelson, appeals. (2) To point two of the opinion, Appellant cited:: Farmers State Bank v. Farmer (Tex.), 157 S. W. 283; Waples on Plomestead, p. 191; Riggs v. Sterling (Mich.) 1 A. S. R. 554; First National Bank v. Bruce (¡Cal.), 29 Pac. 488-; 21 Cyc. 552; 116-13; R. C. L. (3)-…
1ConcurrenceGates, J.
I agree with my Colleague that the evidence was insufficient to sustain a finding that the wife of A. should he estopped from claiming the homestead night in the lot and the old building. I do, however, believe that the evidence was sufficient to estop both A. and his wife from asserting a homestead interest in the new building. I therefore think the decree of the trial court should have adjudged the sale of the new dwelling and its removal from the premises >in accordance with the provisions of section 15, c. 263, Laws 1913. Jones on Liens (3d Ed.) § 1373; Rockel, Mech. Liens, § 138;…
2Cases cited6 opinions
- Pinkerton v. Le BeauSouth Dakota Supreme Court · 1893
- Mahon v. SurerusNorth Dakota Supreme Court · 1899
- Estabrook v. Riley & ArminSupreme Court of Iowa · 1890
- Gull River Lumber Co. v. BriggsNorth Dakota Supreme Court · 1900
- L. Lamb Lumber Co. v. RobertsSouth Dakota Supreme Court · 1909
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