Judd v. Patton
South Dakota Supreme Court
Appeal from circuit court, Custer county. Hon. Levi McGee, Judge. Action by Sylvester Judd and another against Charles J. Patton. Prom an order vacating a judgment in favor of defendant, and permitting Nathan Nevin to intervene, defendant appeals. The facts are stated in the opinion. Judgments are just as conclusive upon privies to an action as upon the parties themselves.
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Appeal from circuit court, Custer county. Hon. Levi McGee, Judge. Action by Sylvester Judd and another against Charles J. Patton. Prom an order vacating a judgment in favor of defendant, and permitting Nathan Nevin to intervene, defendant appeals. The facts are stated in the opinion. Judgments are just as conclusive upon privies to an action as upon the parties themselves. Spear v. Tidball, 58 N. W. 708; Sobey v. Belier, 28 la. 323; Cushing v. Edwards, 68 la. 145; Whitford v. Crooks, 54 Mich. 261. Every person is a privy to a judgment, who has succeeded to an estate or interest therein held…
1Opinion of the CourtCorson, J.
This is an appeal from an order vacating and setting aside a judgment so far as it affects the petitioner, and permitting him to intervene in the action. It appears from the affidavit, proposed complaint in intervention, and records upon which the >rder was made, that in 1891 the plaintiff Judd conveyed to defendant, Patton, a one-third interest in certain mining property, designated as the “Spokane Tin-Mining Property,” and that in consideration thereof said Patton entered into an agreement by the terms of which he agreed to pay the said Judd the sum of $1,000 upon the sale of the said…
2Cases cited5 opinions
- Griswold Linseed Oil Co. v. LeeSouth Dakota Supreme Court · 1891
- G. S. Congdon Hardware Co. v. Consolidated Apex Mining Co.South Dakota Supreme Court · 1899
- Farrar v. Consolidated Apex Mining Co.South Dakota Supreme Court · 1899
- Snowman v. HarfordSupreme Judicial Court of Maine · 1869
- Yerkes v. McHenrySupreme Court Of The Territory Of Dakota · 1887
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- Chamberlain Sanitarium & Benevolent Ass'n of Seventh Day Adventists v. American Railway Express Co.South Dakota Supreme Court · 1921