Legal Opinion

Kelley v. R. J. Schwab & Sons Co.

South Dakota Supreme Court

Decided November 18, 1908Published

Appeal from Circuit Court, Beadle County. Hon. CtiARRES S. Whiting, Judge. Action by Charles A. Kelley and others against the R. J. Schwab & Sons Company and others. From a judgment for defendants and from an order denying complainants’s motion for a new trial, they appeal.

1Opinion of the CourtCorson, J.

This action was instituted to restrain and enjoin the collection of a certain judgment obtained by the respondent R. J. -Schwab & Sons Company, a corporation, in an action in the circuit court of Beadle county wherein the said corporation was plaintiff and the appellants were defendants, and to have said judgment decreed void and cancelled and expunged from the records of the circuit court. Findings and judgment being in favor of defendants, the plaintiffs,have appealed.

The complaint, in substance, states that the respondent the R. J. Schwab & Sons Company is a corporation existing under and…

2Cases cited5 opinions

  1. Howard v. City of HuronSouth Dakota Supreme Court · 1894
  2. Lehigh Valley Coal Co. v. GilmoreSupreme Court of Minnesota · 1904
  3. State ex rel. Hart-Parr Co. v. Robb-Lawrence Co.North Dakota Supreme Court · 1906
  4. Acme Mercantile Agency v. RochfordSouth Dakota Supreme Court · 1897
  5. Remilliard v. AuthierSouth Dakota Supreme Court · 1905

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