Legal Opinion

Gaines v. White

South Dakota Supreme Court

Decided January 15, 1892PublishedCited by 14 opinions

Appeal from district court, McCook county. Hon. John E. Oakland, Judge. This case was first argued at the October, 1890, term of this court. The opinion thereon is published in 1 S. D. 434. This opinion is upon • a rehearing ordered March 19, 1891. Former opinion referred to.

1Opinion of the CourtBennett, J.

This cause was brought by appeal to this court at the October term, 1890, at which term a decision was rendered affirming the judgment of the court below. After-wards a rehearing was granted. The reasons alleged why the former decision should be reversed are:

First. That before the trial of the cause in the court below there were two motions made for a continuance, and both overruled, and that in the consideration of the case by this court one of the motions for continuance was overlooked. The motion considered was based upon the ground of absent witnesses but it is claimed by appellant that…

2Cited by14 opinions

  1. Gaines v. WhiteSouth Dakota Supreme Court · 1891
  2. In Re High Pine's PetitionSouth Dakota Supreme Court · 1959
  3. Palmer v. SchurzSouth Dakota Supreme Court · 1908
  4. Axiom Mining Co. v. WhiteSouth Dakota Supreme Court · 1897
  5. Bedtkey v. BedtkeySouth Dakota Supreme Court · 1902

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