Anderson v. Alseth
South Dakota Supreme Court
Appeal from circuit court, Kingsbury county. Hon. J. O. Andrews, Judge. ' This case was first decided by this court in an opinion filed February 23, 1895, reported in 62 N. W. Rep. 435, in which opinion the judgment of the trial court in favor of the plaintiff was reversed. A rehearing was subsequently granted and the case reargued. This opinion is upon the rehearing.
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Appeal from circuit court, Kingsbury county. Hon. J. O. Andrews, Judge. ' This case was first decided by this court in an opinion filed February 23, 1895, reported in 62 N. W. Rep. 435, in which opinion the judgment of the trial court in favor of the plaintiff was reversed. A rehearing was subsequently granted and the case reargued. This opinion is upon the rehearing. The facts are stated in the opinion. • An error apparent of record in a final judgment of the court may be reviewed by the supreme court without a motion for a new trial. Crawford v. Shaft, 27 Pac. 156. A judgment not supported…
1Opinion of the CourtFuller, J.
This case, now before us for the second time, is an action in claim and delivery to obtain the immediate possession of certain grain for the purpose of foreclosing a statutory lien for threshing the same. There was a trial in the court below without a jury. Judgment was entered against the defendant upon findings of fact and conclusions of law favorable to plaintiff, and the defendant appeals. The judgment was reversed, and upon application of respondent’s counsel a rehearing was awarded. A full statement of the facts is contained in our former opinion, reported in 62 N. W. 435, and, so far…
2Cases cited6 opinions
- Barto v. . HimrodNew York Court of Appeals · 1853
- Parker v. First National BankNorth Dakota Supreme Court · 1892
- Humpfner v. D. M. Osborne & Co.South Dakota Supreme Court · 1891
- Anderson v. AlsethSouth Dakota Supreme Court · 1895
- Swift v. MuygridgeCalifornia Supreme Court · 1857
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3Cited by7 opinions
- Mckenna v. WhittakerSouth Dakota Supreme Court · 1896
- Smith v. CleaverSouth Dakota Supreme Court · 1910
- Otten v. OttenSouth Dakota Supreme Court · 1976
- First National Bank v. McCarthySouth Dakota Supreme Court · 1900
- Davison v. KellarSouth Dakota Supreme Court · 1915
2 more not listed; retrieve them via the Exa API.