Mitchell v. Morgan
South Dakota Supreme Court
Appeal from Circuit Court, Brookings County. Hon. William N. Skinner, Judge. Action by E. A. Mitchell, against John B. Morgan and Herman Gulk, for specific performance of a contract of -sale of realty. ■From an order refusing to set aside a previous order or judgment •upon contempt proceedings against the defendants, and adjudging said previous order to be in full force and effect, defendants appeal.
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Appeal from Circuit Court, Brookings County. Hon. William N. Skinner, Judge. Action by E. A. Mitchell, against John B. Morgan and Herman Gulk, for specific performance of a contract of -sale of realty. ■From an order refusing to set aside a previous order or judgment •upon contempt proceedings against the defendants, and adjudging said previous order to be in full force and effect, defendants appeal. (i) To point one of-the opinion,, Respondent cited: Gould v. Duluth Elevator Co.. (N. D..) 64 N. W. 316; In re Moore, 209 U. S. 490, 52 E. Ed. 904.
1Opinion of the CourtGateis, P. J.
This cause has already been before us three times. See 43 S. D. 293, 179 N. W. 722; 43 S. D. 589, 181 N. W. 358; 44 S. D. 8, 181 N. W. 958. Particular reference is made to the last citation for an understanding, of the nature of the case. It is now before us on appeal in relation to contempt proceedings.
• The cause, pending in the Third judicial circuit, was tried at Brookings, in said 'circuit, in January, 1920, before Hon. Frank Anderson, judge of the'Fifth'judicial'circuit, sitting at the request of Hon. W. N. Skinner, judge of the Third judicial circuit. Prior thereto a demurrer to the…
2Cases cited5 opinions
- McHarg v. Commonwealth Finance Corp.South Dakota Supreme Court · 1921
- Lingenfelter v. GehringerSouth Dakota Supreme Court · 1920
- Mitchell v. MorganSouth Dakota Supreme Court · 1921
- Mitchell v. MorganSouth Dakota Supreme Court · 1920
- Mitchell v. MorganSouth Dakota Supreme Court · 1921
3Cited by3 opinions
- Robinson v. GloverSouth Dakota Supreme Court · 1932
- Agard v. MenaghSouth Dakota Supreme Court · 1932
- Carlton v. SavilleSouth Dakota Supreme Court · 1929