Massey v. Fralish
South Dakota Supreme Court
•Appeal from Circuit Court, Spink County. Hion. Alva E. TayloR, Judge. Action by William Massey, against Eouis Eralish, as administrator of Guy E. Eralish, deceased, to forclose a chattel mortgage. From a judgment for defendant, and from an order denying a new trial, plaintiff appeals. (2) To point tw-o of the opinion, Appellant cited: Laws 1913, Ch. 207, Sec. 175; Smith v. Quartz, 14 Cal. 242; Kirman v. Powning', (Nev.) 60 Pac.
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•Appeal from Circuit Court, Spink County. Hion. Alva E. TayloR, Judge. Action by William Massey, against Eouis Eralish, as administrator of Guy E. Eralish, deceased, to forclose a chattel mortgage. From a judgment for defendant, and from an order denying a new trial, plaintiff appeals. (2) To point tw-o of the opinion, Appellant cited: Laws 1913, Ch. 207, Sec. 175; Smith v. Quartz, 14 Cal. 242; Kirman v. Powning', (Nev.) 60 Pac. S34; Flinn v. Shakelford, 42 Ala. 202; Am. & Eng. Ency. Law, (2d Ed.) 1077; 18 Cyc. 464-5-6. Respondent cited: Laws 1913, Ch. 207, Sec. 2; Proib. Code, Secs. 170,…
1Opinion of the CourtMcCOY, J.
This action was commenced to foreclose a chattel mortgage against the administrator of the deceased mortgagor. Among the defenses interposed by the administrator defendant, one was that the claim of plaintiff, upon which this suit is based, was never presented1 to defendant or filed with him, and no proper or sufficient -proof of -any kind of any chattel mortgage, such as described in plaintiff’s -complaint, was ever filed with this defendant, or presented to: 'him1 for consideration.
[1] The cause was triad before the court and a jury; but, as the action .is one triable before 'the court…
2Cases cited4 opinions
- Fish v. De LaraySouth Dakota Supreme Court · 1896
- Kelsey v. WelchSouth Dakota Supreme Court · 1896
- Purdin v. ArcherSouth Dakota Supreme Court · 1893
- Thurber v. MillerSouth Dakota Supreme Court · 1898
3Cited by3 opinions
- Matter of Estate of BachandSouth Dakota Supreme Court · 1981
- South Dakota Wheat Growers Ass'n v. SielerSouth Dakota Supreme Court · 1930
- Midland National Life Insurance v. MosherNorth Dakota Supreme Court · 1930