Minard v. Gardner
South Dakota Supreme Court
Appeal from Circuit Court, Brown County. Hon. J. H. McCoy, Judge. Action by Jessie E. 'Minard against Elmer Gardner and the Equitable Fidelity & Title Guaranty Company. Judgment for plaintiff and defendant Guaranty Company appeals.
1Opinion of the CourtHaney, P. J.
This action was instituted to. recover damages, for the alleged breach of a contract, from Elmer Gardner as principal and the Equitable Fidelity and Title Guaranty Company, a corporation, as surety. The corporation alone appealed. After its abstract and brief and respondent’s additional abstract were filed, respondent moved to strike appellant’s purported bill of exceptions. At the same time appellant moved “the judges of this court to settle and certify the bill of exceptions * * * upon the ground that the judge of the circuit court * * * has refused to settle and certify said bill of…
2Cited by2 opinions
- Blood v. HowardNorth Dakota Supreme Court · 1915
- Garcia v. Universal Constructors, Inc.New Mexico Court of Appeals · 1970