Hulst v. Benevolent Hall Ass'n
South Dakota Supreme Court
Appeal from circuit court, Meade county. Hon. A. J. Plowman, Judge. Action to recover balance alleged to be due upon a builder’s contract. Defendants had judgment and plaintiff appeals. The facts are stated in the opinion. The provisions of the law requiring a referee to report the testimony with his report, is mandatory. Ch. 100, § 8, Laws 1891; Kent v. Ins.
Read the full summary
Appeal from circuit court, Meade county. Hon. A. J. Plowman, Judge. Action to recover balance alleged to be due upon a builder’s contract. Defendants had judgment and plaintiff appeals. The facts are stated in the opinion. The provisions of the law requiring a referee to report the testimony with his report, is mandatory. Ch. 100, § 8, Laws 1891; Kent v. Ins. Co., 2 S. D. 300; Supervisors v. Ehlers, 45 Wis. 281; Betts v. Letcher, 1 S. D. 190. See also Yates v. Shepardson, 27 Wis. 238; Gilbank v. Stephenson, 30 Wis. 155; Maicas v. Leony, 113 N. Y. 619; Kroff v. Overhoit, 21 Pac. 1063; McHenry…
1Opinion of the CourtHaney, J.
This action is upon a builder’s contract. It was tried by a referee, who found for defendant. His report was accepted and defendant had judgment for costs. Plaintiffs appeal.
The report itself shows that it does not contain all the exceptions taken during the trial. In this it is defective. Laws 1891, Chap. 100, § 8. But the defect was waived. After the report was returned, plaintiffs filed exceptions to it, and moved to set it aside, without calling attention to the omissions. This should have been done, that the court might have required a corrected and complete return. Board of Sup’rs v.…
2Cases cited7 opinions
- Glacius v. . BlackNew York Court of Appeals · 1872
- Woodward v. . FullerNew York Court of Appeals · 1880
- Randall v. Burk TownshipSouth Dakota Supreme Court · 1893
- Phillip v. . GallantNew York Court of Appeals · 1875
- Board of Supervisors v. EhlersWisconsin Supreme Court · 1878
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Northern Farm Supply, Inc. v. SprecherSouth Dakota Supreme Court · 1981
- Potter v. AndersonSouth Dakota Supreme Court · 1970
- Spackman v. GrossSouth Dakota Supreme Court · 1910
- Reif v. SmithSouth Dakota Supreme Court · 1982
- In re McClellan's EstateSouth Dakota Supreme Court · 1906
11 more not listed; retrieve them via the Exa API.