Hill v. City of Huron
South Dakota Supreme Court
Appeal from Circuit Court, Beadle County. Hon. Alva E. Taylor, Judge. Action by May H. Hill, against the City of Huron., to recover for use of a party wall. From a judgment upon verdict directed for defendant, and from an order denying a new trial, plaintiff appeals.
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Appeal from Circuit Court, Beadle County. Hon. Alva E. Taylor, Judge. Action by May H. Hill, against the City of Huron., to recover for use of a party wall. From a judgment upon verdict directed for defendant, and from an order denying a new trial, plaintiff appeals. (2) To point two of the opinion, Appellant cited: McChesney, Adm., v. Davis, 86 111. App. 380; South worth v. Perring (Kan.) 2 L. R. A. (N. S.) at 89; Ferguson v. Worrall, 9 L. R. A. (N. S.) 1261, 101 S. W. 966; Vol. 30 Cyc. 787-8-9, 791-2, 794-5; Vol. 22 (2nd ed.) A. E. Ency. of Law, p. 250-255; 7 R. C. L. 1107; Note to…
1Opinion of the CourtGate'S, P. J.
Action to recover for use of' a party wall constructed by one Hills in 1887 under a party wall contract between Hills and1 defendant’s grantor which wall was made.use of by defendant in 1895. On December 1, 1909, Hills conveyed his lot to this plaintiff and delivered to this plaintiff his -copy of such contract. In a former action between the same parties f&r the same purpose the trial court found (incorrectly labeling it as a conclusion of law) :
“That the grantor, William E. Hills, did not at any time assign or transfer to said plaintiff any cause or right of action on account of alleged…
2Cases cited2 opinions
- Hollister v. StrahonSouth Dakota Supreme Court · 1909
- Hill v. City of HuronSouth Dakota Supreme Court · 1914
3Cited by1 opinion
- Murrell v. STOCK GROWERS'NAT. BANK OF CHEYENNECourt of Appeals for the Tenth Circuit · 1934