Legal Opinion

Bright v. Ecker

South Dakota Supreme Court

Decided January 4, 1897PublishedCited by 11 opinions

The judgment in this case was reversed at the present term, the opinion being reported in 9 S. D. 192, 68 N. W. 326.

1Opinion of the CourtHaney, J.

Respondents contend in their petition for rehearing that this court should not have said the trial court erred (1) “because no grounds of objection were alleged; (2) because,the order of the county court upon such examination was prima facie evidencé of"plaintiff’s right to recover (Comp. Laws, Sec. 5776)”; that the point was not raised by appellant and that counsel for respondents did not practically concede the correctness of such conclusion. Our former opinion is reported in 68 N. W. 326. They also contend that the law making such order prima facie evidence was unconstitutional when…

2Cases cited4 opinions

  1. Gt. W. Turnpike Co. v. . LoomisNew York Court of Appeals · 1865
  2. Corning v. . CorningNew York Court of Appeals · 1851
  3. Caledonia Gold Mining Co. v. NoonanSupreme Court Of The Territory Of Dakota · 1882
  4. Bright v. EckerSouth Dakota Supreme Court · 1896

3Cited by11 opinions

  1. State v. RufenerSouth Dakota Supreme Court · 1986
  2. Kolka v. JonesNorth Dakota Supreme Court · 1897
  3. Carlson v. First National Bank, HettingerSouth Dakota Supreme Court · 1988
  4. Horton v. HortonSouth Dakota Supreme Court · 1993
  5. International Harvester Co. of America v. McKeeverSouth Dakota Supreme Court · 1906

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