Hepner v. Wheatley
South Dakota Supreme Court
Appeal from Circuit 'Court, Miner County. Hon. Alva E. Taylor, Judge. Action, by John S. Hepner, ag'ainst Grant Wheatley, to recover for goods furnished by plaintiff to defendant’s son. From a judgment for defendant on directed verdict, and from an order denying a new trial, plaintiff appeals.
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Appeal from Circuit 'Court, Miner County. Hon. Alva E. Taylor, Judge. Action, by John S. Hepner, ag'ainst Grant Wheatley, to recover for goods furnished by plaintiff to defendant’s son. From a judgment for defendant on directed verdict, and from an order denying a new trial, plaintiff appeals. (1) To point one of the opinion, Appellant cited: Sprick Brothers Investment Company v. Whipple, 33 S. D. 287. Respondent cited: Royer v. Shultz Belting Co., 29 Fed. 281; Dryden v. Britton, 19 Wis. 22.
1Opinion of the CourtWhiting, J.
There have been two trials of' -this cause in the circuit court. Upon the first trial there was judgment for plaintiff. An appeal was taken to this court. The merits of such appeal were determined in the opinion in Hepner v. Wheatley, 34 S. D. 338, 148 N. W. 594. Reference is made to such *633opinion for a. statement of the nature of the case and the questions involved upon such appeal. It will be found that such former judgment was reversed and a new trial granted. Upon the second trial the court directed a verdict for defendant, and this appeal is from the judgment rendered thereon and from an…
Also in this document: Concurrence.
2Cases cited3 opinions
- Sweeney v. HewettSouth Dakota Supreme Court · 1914
- Kennedy v. First State Bank of WallSouth Dakota Supreme Court · 1914
- Hepner v. WheatleySouth Dakota Supreme Court · 1914