Legal Opinion

Dennett v. Reisdorfer

South Dakota Supreme Court

Decided April 1, 1902PublishedCited by 2 opinions

Appeal from circuit court, Hughes county. Hon. Doring E. GaEEy, Judge. Action , by Lizzie Dennett and another against Michael Reisdorfer and others. From a judgment for plaintiffs, defendants appeal'.

1Opinion of the CourtFuller, J.

For the purpose of Continuing in force a certain restraining order pending an appeal to this court, the defendants, in the capacity of sureties, executed the undertaking made the basis of this suit, and now appeal from a judgment in favor of plaintiffs fixing their liability for a breach thereof at $279.28, exclusive of costs. Charles H. Burke, one of the appellants, being a practicing attorney, it is urged by his counsel that in any event there is no liability as to such surety; and the case of Towle v. Bradley, 2 S. D. 472, 50 N. W. 1057, is considered conclusive upon the proposition. If,…

2Cases cited2 opinions

  1. Towle v. BradleySouth Dakota Supreme Court · 1892
  2. City of Fond du Lac v. MooreWisconsin Supreme Court · 1883

3Cited by2 opinions

  1. Raich v. WeismanSouth Dakota Supreme Court · 1930
  2. Schalch v. GrahamCourt of Appeals of Texas · 1933

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