Long v. Collins
South Dakota Supreme Court
Appeal from circuit court, Clark county. Hon. Julian Be)nnltt, Judge. Action by L. Long against D. D. Collins, in which the First National Bank of Clark intervenes. Judgment for plaintiff. From an order entered upon the application of the intervenor, directing that judgment be set off in satisfaction of a judgment held by the intervenor against the plaintiff, the latter appeals. The facts are stated in the opinion.
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Appeal from circuit court, Clark county. Hon. Julian Be)nnltt, Judge. Action by L. Long against D. D. Collins, in which the First National Bank of Clark intervenes. Judgment for plaintiff. From an order entered upon the application of the intervenor, directing that judgment be set off in satisfaction of a judgment held by the intervenor against the plaintiff, the latter appeals. The facts are stated in the opinion. The exception must be taken at the time the decision is made, except as provided in Section 5080. This court'held “A judgment is deemed to have been excepted to under the first…
1Opinion of the CourtFuller, P. J.
It is first urged by counsel for respondent that this appeal from a certain portion of a final order entered in a proceeding to set off mutual judgments, one against the other, must be dismissed for the reason that no exception was taken, but we regard such order as one finally determining the rights of the parties, and within the statute expressly obviating the necessity of an exception. Comp. Laws, § 5080. For the purposes of this appeal, the facts may be stated thus-: On the 23rd day of December, 1893, the respondent banlc (Collins being a nominal defendant merely) obtained a judgment…
2Cases cited3 opinions
- Butner v. BowserIndiana Supreme Court · 1885
- Long v. CollinsSouth Dakota Supreme Court · 1900
- Cleveland v. McCannaNorth Dakota Supreme Court · 1898
3Cited by4 opinions
- Bero-Wachs v. Law Office of Logar & PulverNevada Supreme Court · 2007
- Long v. CollinsSouth Dakota Supreme Court · 1903
- Davidson v. MeyersSouth Dakota Supreme Court · 1912
- Rindles v. BordewykSouth Dakota Supreme Court · 1912