Mitchell v. Morgan
South Dakota Supreme Court
Original motion in Supreme 'Court, by plaintiff, E. A. Mitchell, who procured' judgment against defendants John P. Morgan et al in a suit for specific performance of a contract relating to sale of realty, defendant having appealed therefrom — for leave to file and serve a supplemental complaint for damages resulting from defendant’s retention of possession of the realty after suit was begun.
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Original motion in Supreme 'Court, by plaintiff, E. A. Mitchell, who procured' judgment against defendants John P. Morgan et al in a suit for specific performance of a contract relating to sale of realty, defendant having appealed therefrom — for leave to file and serve a supplemental complaint for damages resulting from defendant’s retention of possession of the realty after suit was begun. (1) To point one of the opinion, Defend’ants-Respondents cited: Egan v. Nbrbeck & Nicholson Co. 38 S. D. 93. (2) Under point two, 'Plaintiff-Appellant cited, re right to recover damages for detention of…
1Opinion of the CourtMcCOY, J.
This action was commenced in the circuit court of Brookings county to enforce specific performance of a certain contract relating to the sale of certain' real estate. The action was tried and findings and judgment decreeing specific performance were made and entered in favor of plaintiff and against defendants, from which' judgment defendants appealed, and: which appeal involving the merits of the action, is now pending before this court. The respondent, plaintiff below, while said' appeal is still pending and undisposed of, now 'brings on, by order to show cause, this motion: to be permitted…
2Cases cited4 opinions
- Stanley County v. Jackson CountySouth Dakota Supreme Court · 1915
- Ponca State Bank v. AdebarSouth Dakota Supreme Court · 1915
- State ex rel. Egan v. NorbeckSouth Dakota Supreme Court · 1916
- Straub v. Lyman Land & Investment Co.South Dakota Supreme Court · 1913
3Cited by1 opinion
- Mitchell v. MorganSouth Dakota Supreme Court · 1922