Connor v. Knott
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge. Action by Jessie F. Connor against George A. Knott. From an order for plaintiff, defendant appeals. The facts are stated in the opinion. The court may require plaintiff to pay the costs as a condition precedent to bringing a new action for the same cause. Young v. Bush, 36 How Pr. 240; Sheedy v. McMurtry (Neb.) 63 N. W. 21; McKenster y.
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Appeal from circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge. Action by Jessie F. Connor against George A. Knott. From an order for plaintiff, defendant appeals. The facts are stated in the opinion. The court may require plaintiff to pay the costs as a condition precedent to bringing a new action for the same cause. Young v. Bush, 36 How Pr. 240; Sheedy v. McMurtry (Neb.) 63 N. W. 21; McKenster y. YanZantz, 1 Wend. 13; Hardon v. Hardick, 2 Hill. 384; Huntington v. Forkson, 7 Hill. 195, 6 Encyc. PI. & Pr. 969.
1Opinion of the CourtFuller, J.
On a former appeal, judgment in favor of plaintiff in this action was reversed, and the case remanded for a new trial. Conner v. Knott, 8 S. D. 304, 66 N. W. 461. In April, 1896, the remittitur was sent down by the clerk of this court, and upon the ex parte application of plaintiff’s attorney, and without prejudice to the rights of his client, the circuit court, on the 5th day of October following (two days before the remitíttur was made a record of that court), entered judgment of dismissal, and for costs’in favor of the defendant, taxed at $283.05. YTiile this judgment, a copy of which was…
2Cases cited5 opinions
- Gardner v. Michigan Central RailroadSupreme Court of the United States · 1893
- Currie v. Southern Pacific Co.Oregon Supreme Court · 1893
- Mohler v. WiltbergerIllinois Supreme Court · 1874
- Greeley v. WinsorSouth Dakota Supreme Court · 1892
- Conner v. KnottSouth Dakota Supreme Court · 1896
3Cited by2 opinions
- Bryan v. SmithCourt of Appeals for the Seventh Circuit · 1949
- McCuistion v. McCuistionNew Mexico Supreme Court · 1963