Kelly v. Narregang Investment Co.
South Dakota Supreme Court
Appeal from Circuit Court, Brown County. Hon. Thomas L Bouck, Judge. Action 'by William J. Kelly, against the Narregang Investment Company, Incorporated, to recover damages for defendant’s failure to discharge of record a realty mortgage. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. (1) To point one of the opinion, Appellant cited: Mader v. Plano Mfg. Co., 17 S. D. 5,53; Bee. 410, Code Civ.
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Appeal from Circuit Court, Brown County. Hon. Thomas L Bouck, Judge. Action 'by William J. Kelly, against the Narregang Investment Company, Incorporated, to recover damages for defendant’s failure to discharge of record a realty mortgage. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. (1) To point one of the opinion, Appellant cited: Mader v. Plano Mfg. Co., 17 S. D. 5,53; Bee. 410, Code Civ. Proc.; Janidlt v. Bouthi Dakota, 77 N. W. 778; Oelriohs v. Wilson, 15 Wallace 423 Hager v. DeGroot, (N. D.) 50 N. W. 150; Fairbanks v. Witter, -r8 Wisconsin 287.…
1Opinion of the CourtGates, J.
The substance of the complaint in this action is set forth in the opinion rendered upon an appeal from an order overruling a demurrer thereto. 38 S. D. 632, 162 N. W. 386, arid need not be reiterated here. Trial to the court. Judgment for plaintiff for $500, consisting of the items of $350 attorney fees, $50 personal expenses, and $100 statutory penalty as disclosed by the complaint. Defendant appeals from1 the judgment and an order denying a new trial.
All of the points raised by appellant, save one, became res judicata by the judgment of the circuit court in a former action brought by the…
2Cases cited7 opinions
- Jandt v. SouthSupreme Court Of The Territory Of Dakota · 1878
- Daniels v. DensmoreNebraska Supreme Court · 1891
- Edmison v. Sioux Falls Water Co.South Dakota Supreme Court · 1898
- Prairie School Township v. HaseleuNorth Dakota Supreme Court · 1893
- McLennon v. FennerSouth Dakota Supreme Court · 1905
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3Cited by5 opinions
- Cornelison v. United States Building & Loan Ass'nIdaho Supreme Court · 1930
- Swaner v. Union Mortgage CoUtah Supreme Court · 1940
- Mathieu v. BostonSouth Dakota Supreme Court · 1927
- Head v. CroneIdaho Supreme Court · 1958
- Juel v. KundertSouth Dakota Supreme Court · 1923