Morris v. Hubbard
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. J. W. Jones, Judge. Claim and delivery. Plaintiff had judgment and defendant appeals. The facts are stated in the opinion. A judgment in writing signed by the court is entered by lodging it in the hands of the clerk. The filing is the entry. Copying it into the judgment book is merely a ministerial act and is not essential to the validity of the judgment, or an execution issued thereon.
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Appeal from circuit court, Minnehaha county. Hon. J. W. Jones, Judge. Claim and delivery. Plaintiff had judgment and defendant appeals. The facts are stated in the opinion. A judgment in writing signed by the court is entered by lodging it in the hands of the clerk. The filing is the entry. Copying it into the judgment book is merely a ministerial act and is not essential to the validity of the judgment, or an execution issued thereon. Black on Judgments, §§ 106, 109, 110; Bank v. Raynor, 61 Cal. -145; Pount-aine v. Hudson, 5 S. W. 692; Gunn v. Plant, 94 U. S. 665; Lowenstein v. Curruth, 28…
1Opinion of the Court
Haney J.
In September, 1894, J. E. Bruce, Jr., and W. L. Bruce, co-partners as Bruce Bros., at 'Wichita, Kan., gave *260plaintiff a bill of sale whereby they conveyed to him. certain race horses and other personal property, and guaranteed they were the owners thereof, and that the same were free and clear of any incumbrance. It was signed Bruce Bros., by W. J. Bruce, their attorney in fact, and W. J. Bruce. At the same time, and as part of the same transaction, plaintiff, Bruce Bros., and W. J. Bruce entered into a written contract wherein it is agreed that the bill of sale was executed to secure…
2Cases cited2 opinions
- Sandmeyer v. Dakota Fire & Marine InsuranceSouth Dakota Supreme Court · 1891
- Meuer v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1894
3Cited by4 opinions
- Iowa Loan & Trust Co. v. SchnoseSouth Dakota Supreme Court · 1905
- Baird v. VinesSouth Dakota Supreme Court · 1904
- Foss v. PettersonSouth Dakota Supreme Court · 1905
- Commercial Credit Co. v. NissenSouth Dakota Supreme Court · 1926