State v. First Nat. Bank
South Dakota Supreme Court
Error to circuit court, Clark county. Hon. J. O. Andrews, Judge. Criminal action for usury. Verdict against the defendant. Defendant appeals. The facts are stated in the opinion. The state has no criminal jurisdiction or control over a creature of the United States laws except as granted by congress. Sturgis v. Growningshield, 4 Wheat. 122; Prigg y.
Read the full summary
Error to circuit court, Clark county. Hon. J. O. Andrews, Judge. Criminal action for usury. Verdict against the defendant. Defendant appeals. The facts are stated in the opinion. The state has no criminal jurisdiction or control over a creature of the United States laws except as granted by congress. Sturgis v. Growningshield, 4 Wheat. 122; Prigg y. Pennsylvania, 16 Pet. 539; Ex parte Hamilton, 7 Fed. 767; State v. Pike, 15 N. H. 83; Bank v. Garlinghouse, 26 Ohio St. 492; Bank v. Pratt, 115 Mass. 539; Davis v. Randall, Id. 547; Hintermister v. Bank, 64 N. Y. 212; State v. Adams, 4 Blachf.…
1Opinion of the CourtKellam, P. J.
Plaintiff in error was indicted by the grand jury of the county of Clark for receiving interest for the use of money greater than that allowed by law; was tried, convicted, and *54sentenced by the circuit court of that county; and brings error to review the record of such trial. The same proceedings preliminary to trial, and in arrest of judgment were had in this case as in State v. Bank, decided at the last term of this court, and reported in 2 S. D.— The questions arising in such proceedings were fully considered and decided in that case, and it is unnecessary to reexamine them here. Upon the…
2Cases cited8 opinions
- Merchants' Bank v. State BankSupreme Court of the United States · 1871
- Dougherty v. PeopleIllinois Supreme Court · 1886
- People v. ParksCalifornia Supreme Court · 1872
- State v. HartnettSupreme Court of Missouri · 1881
- State v. McGinnissSupreme Court of Missouri · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- State v. WoodSouth Dakota Supreme Court · 1957
- State v. DaleSouth Dakota Supreme Court · 1939
- State v. CarlisleSouth Dakota Supreme Court · 1912