Child v. McClosky
South Dakota Supreme Court
Appeal from circuit court, Spink county. Hon. A. W. Campbell, Judge. Action by T. W. Child against J. E. McClosky. From a judgment for defendant, plaintiff appeals. The facts are stated in the opinion.
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Appeal from circuit court, Spink county. Hon. A. W. Campbell, Judge. Action by T. W. Child against J. E. McClosky. From a judgment for defendant, plaintiff appeals. The facts are stated in the opinion. The burden of proof is upon the defendant who pleads res judicata because of a former judgment, to set up that judgment and to show what was determined by it, and what is common to the subsequent action, and the proof must be clear, certain and convincing. 21 A. & E. Enc. of R. 202. If there be any uncertainty in the record — as, for example, if it appear that several distinct matters may have…
1Opinion of the CourtCorson, J.
This is an action to recover the amount of a promissory note purporting to have been executed by one Wood, and payable to the order of the defendant, and transferred to the plaintiff by an agent of the defendant. Judgment was directed for the defendant, and plaintiff appeals.
The plaintiff alleges in his complaint “that on or about March 30, 1896, defendant, by his agent, Robert McClosky, indorsed to this • plaintiff one certain promissory note, purporting to have been made by one Sylvester A. Wood, and payable to the order of defendant-said note being for the sum of $75, bearing date…
2Cases cited8 opinions
- Russell v. PlaceSupreme Court of the United States · 1877
- Bell v. . MerrifieldNew York Court of Appeals · 1888
- Lewis v. Ocean Navigation & Pier Co.New York Court of Appeals · 1891
- Van Valkenburgh v. City of MilwaukeeWisconsin Supreme Court · 1878
- Attorney General v. Chicago & Evanston RailroadIllinois Supreme Court · 1884
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3Cited by2 opinions
- Keith v. Willers Truck ServiceSouth Dakota Supreme Court · 1936
- Steere v. GingerySouth Dakota Supreme Court · 1909