Longerbeam v. Huston
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by Elmer A. Longerbeam and another against R. J. Huston. From a judgment for plaintiffs, defendant appeals.
1Opinion of the CourtFuller, P. J.
This appeal is from a judgment 'and order overruling a motion for a new trial in an action to recovér possession of two mares owned by plaintiff Longerbeam, subject to a mortgage held by his coplaintiff, the J. I. Case Threshing Machine Company. While, in the absence of a demurrer distinctly specifying that separate causes of action were improperly united in the complaint, the question may be disregarded pursuant to section 122 of the Revised Code of Civil Procedure, it is plain that both the owner and the mortgagee had an interest in the subject of action, and their rejoinder as parties…
2Cases cited5 opinions
- Fisher v. PorterSouth Dakota Supreme Court · 1898
- First National Bank of Redfield v. KoechelSouth Dakota Supreme Court · 1896
- Miller v. Campbell Commission Co.Supreme Court of Oklahoma · 1903
- O'Brien v. MillerU.S. Circuit Court for the District of Connecticut · 1902
- Crow v. ZollarsSouth Dakota Supreme Court · 1898
3Cited by6 opinions
- Moore v. CrittendenMontana Supreme Court · 1922
- Missouri River Transportation Co. v. Minneapolis & St. Louis Railway Co.South Dakota Supreme Court · 1914
- Cresbard Grain Co. v. FarnhamSouth Dakota Supreme Court · 1932
- Kierbow v. YoungSouth Dakota Supreme Court · 1906
- Fotheringham v. LockhartSouth Dakota Supreme Court · 1912
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