Legal Opinion

Kelly v. Narregang Investment Co.

South Dakota Supreme Court

Decided December 31, 1918No. File No. 4426PublishedCited by 5 opinions

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

  1. Jandt v. SouthSupreme Court Of The Territory Of Dakota · 1878
  2. Daniels v. DensmoreNebraska Supreme Court · 1891
  3. Edmison v. Sioux Falls Water Co.South Dakota Supreme Court · 1898
  4. Prairie School Township v. HaseleuNorth Dakota Supreme Court · 1893
  5. McLennon v. FennerSouth Dakota Supreme Court · 1905

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Cornelison v. United States Building & Loan Ass'nIdaho Supreme Court · 1930
  2. Swaner v. Union Mortgage CoUtah Supreme Court · 1940
  3. Mathieu v. BostonSouth Dakota Supreme Court · 1927
  4. Head v. CroneIdaho Supreme Court · 1958
  5. Juel v. KundertSouth Dakota Supreme Court · 1923

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