Seiberling v. Mortinson
South Dakota Supreme Court
On rehearing. In an opinion filed April 6, 1897, and reported in 9 S. D. 576, 70 N. W. 835, the judgment appealed from was reversed and a new trial ordered.
1Opinion of the CourtCorson, P. J.
This case was decided at a former term of this court, and is reported in 9 S. D. 576, 70 N. W. 835. A rehearing was granted on the ground that, by reason of unavoidable delays, the brief of respondent was not before the court when the opinion was prepared, and hence the court was not advised of the views of respondent upon the questions presented. As appears from the former decision of this court, the appeal is from the judgment alone, no bill of exceptions having been settled, and no motion for a new trial having been-made. The appellant contends that, under the pleadings, the defendant was…
2Cases cited3 opinions
- Johnson v. BurnsideSouth Dakota Supreme Court · 1892
- Sherwood v. City of Sioux FallsSouth Dakota Supreme Court · 1898
- Seiberling v. MortinsonSouth Dakota Supreme Court · 1897
3Cited by5 opinions
- City of Mitchell v. Dakota Central Telephone Co.South Dakota Supreme Court · 1911
- Foster v. Fremont Natural Gas Co.Wyoming Supreme Court · 1927
- Merrill v. Minneapolis & St. L. Ry. Co.South Dakota Supreme Court · 1910
- City of Huron v. MeyersSouth Dakota Supreme Court · 1900
- Deming v. NelsonSouth Dakota Supreme Court · 1926