Whittaker v. Warren
South Dakota Supreme Court
Appeal from Lawrence county court. Hon. Wirriam A. ' Rinehart, Judge. Action by Thomas Whittaker against Edson C. Warren. From an order setting aside the judgment and execution and a sale of property thereunder, and dismissing the action, plaintiff appeals. The facts are stated in the opinion.
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Appeal from Lawrence county court. Hon. Wirriam A. ' Rinehart, Judge. Action by Thomas Whittaker against Edson C. Warren. From an order setting aside the judgment and execution and a sale of property thereunder, and dismissing the action, plaintiff appeals. The facts are stated in the opinion. The rule is well established in this jurisdiction that where an issue is formally presented to the court and determined upon a full hearing of both sides, the same being subject to review by appeal, such determination is final and conclusive as to all matters necessarily embraced in such litigation…
1Opinion of the CourtCorson, J.
This is an appeal by the plaintiff from an order made and entered on the 31st day of December, 1898, in favor of the defendant, vacating and setting aside the judgment entered in the action, the execution and sale of property made under the same, and dismissing the action. The order was made upon an affidavit on the part of the defendant, no rebuttal affidavit having been filed. The plaintiff and appellant relies for a reversal of the order upon the following grounds: (1) That an order was made in March, 1897, denying defendant’s application to vacate and set aside the judgment upon…
2Cases cited2 opinions
- Weber v. TschetterSouth Dakota Supreme Court · 1890
- Hall v. HarrisSouth Dakota Supreme Court · 1890
3Cited by8 opinions
- Carvey v. Indiana National BankIndiana Court of Appeals · 1978
- Williams v. Fairmount School DistrictNorth Dakota Supreme Court · 1911
- Purinton v. PurintonSouth Dakota Supreme Court · 1918
- Peterson v. McMillanSouth Dakota Supreme Court · 1944
- First National Bank & Trust Co. v. KirbySouth Dakota Supreme Court · 1934
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