Karcher v. Gans
South Dakota Supreme Court
Appeal from circuit court, Hughes county. Hon. Loring E. Gaffy, Judge. Action of forcible entry and detainer by Sarah Karcher against Hattie E. Gans. From a judgment in favor of plaintiff, defendant appeals. The facts are stated in the opinion. ' * When a statute is amended by the form “to read as follows,” the intention is manifest to make the provision following a substitute for the old provision.
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Appeal from circuit court, Hughes county. Hon. Loring E. Gaffy, Judge. Action of forcible entry and detainer by Sarah Karcher against Hattie E. Gans. From a judgment in favor of plaintiff, defendant appeals. The facts are stated in the opinion. ' * When a statute is amended by the form “to read as follows,” the intention is manifest to make the provision following a substitute for the old provision. Knox v. Baldwin, 80 N. Y. 610: Goodno v. Oshkosh, 31 Wis. 127; State v. Ingersol,17 Wis. 631. A revision repeals'by implication previous statutes on thesame subject though there be no repugnance.…
1Opinion of the CourtCorson, J.
This is an action in forcible entry and detainer, originally commenced in a justice’s court, but, upon an answer being filed claiming title to the property by the defendant, it was certified to the circuit court, where the case was tried by the court with a jury, and a verdict directed in favor of the plaintiff. Prom the judgment and order denying a new trial, defendant has appealed to this court.
The facts may be briefly stated as follows: In February, 1895, Prank A. Keys and the defendant, Hattie E Gans, who was then his wife, executed to the plaintiff a promissory note for the sum of $800,…
2Cases cited14 opinions
- Gee v. MooreCalifornia Supreme Court · 1859
- Dye v. MannMichigan Supreme Court · 1862
- Rector v. RottonNebraska Supreme Court · 1874
- Godfrey v. ThorntonWisconsin Supreme Court · 1879
- Moran v. ClarkWest Virginia Supreme Court · 1887
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3Cited by6 opinions
- Felton v. Citizens Federal Savings & Loan Ass'nWashington Supreme Court · 1984
- Robert Burns Lumber Co. v. PetersonSouth Dakota Supreme Court · 1925
- Morris v. MarshallWest Virginia Supreme Court · 1983
- St. Paul Fire & Marine Insurance Co. v. KaarupSouth Dakota Supreme Court · 1988
- In Re HughesUnited States Bankruptcy Court, D. South Dakota · 1999
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