Legal Opinion

Union Savings Ass'n v. Somers

South Dakota Supreme Court

Decided March 8, 1918No. File No. 4272PublishedCited by 6 opinions

Appeal from Circuit Count, Brule Counity. - Hon. Frank B. Smith, Judge. Action by tire Uniion Savings Association, a corporation, against R. H. Somers, a9 'administrator of the estate of John Beirglund, deceased, to recover upon .a claim against said estate. From a judgment for 'defendant, plaintiff appeals. (1) To point one of the opinion., Appellant cited: Wise v. Williams (Oal.) 25 Pac. 1064. (2) To: point two of the opinion, Appellant cited: Prob.

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Appeal from Circuit Count, Brule Counity. - Hon. Frank B. Smith, Judge. Action by tire Uniion Savings Association, a corporation, against R. H. Somers, a9 'administrator of the estate of John Beirglund, deceased, to recover upon .a claim against said estate. From a judgment for 'defendant, plaintiff appeals. (1) To point one of the opinion., Appellant cited: Wise v. Williams (Oal.) 25 Pac. 1064. (2) To: point two of the opinion, Appellant cited: Prob. Code, Secs. 332, 12, 435; Laws 1915, Oh. 85; Stephens v. Tans, 20 S. D. 367, Respondent cited: Oal. Oodie Civ. Proc., Sec. 1704; 2 Ross…

1Opinion of the CourtMcCOY, J.

The plaintiff, who is 'appellant in this court, hladl a claim flor a sum of money against tine estate of Berglund, dleciea's'eld, which, in dbe form wa© presented Itio the defendant, respondent, as 'administrator of said estate, for allowance, and which claim was, by said administrator, and also, by the county judge, .rejected on the ground that tine same was ntot filed in time. Action on sa'ildl claim was Ithter'eaifter instituted1 in the circuit Count, and thereafter an agireeid1 statement of facts was made by thie parties, and thereafter, upon such agreed statement, the court rendered…

2Cases cited2 opinions

  1. Wise v. WilliamsCalifornia Supreme Court · 1891
  2. Stephens v. FausSouth Dakota Supreme Court · 1906

3Cited by6 opinions

  1. Georgia Casualty Co. v. JonesSupreme Court of Georgia · 1923
  2. Brady v. CooperSouth Dakota Supreme Court · 1923
  3. Christie v. DoldSouth Dakota Supreme Court · 1994
  4. Davey v. McShaneSouth Dakota Supreme Court · 1924
  5. In Re the Civil Contempt Proceedings Concerning RichardSouth Dakota Supreme Court · 1985

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