Ekern v. Erickson
South Dakota Supreme Court
Appeal^ from- Circuit Court, Moody County. Hon. Joseph W. Jones, Judge. Will -contest by Annila Ekern and1 others, against Peter Erickson and -others, began in probate -court, where the instrument was admitted- to* probate, and appealed by contestants to -the Circuit Court. From. judgment there for contestants, -and' from an order -denying a new trial, proponents appeal.
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Appeal^ from- Circuit Court, Moody County. Hon. Joseph W. Jones, Judge. Will -contest by Annila Ekern and1 others, against Peter Erickson and -others, began in probate -court, where the instrument was admitted- to* probate, and appealed by contestants to -the Circuit Court. From. judgment there for contestants, -and' from an order -denying a new trial, proponents appeal. (i) To point one of the opinion-, Respondents cited: ■Schmidt v. Carpenter, 27 S. D. 412’; Inl-agen- v. Gary, 147 N. W. ?6iT(S.'D.) .(5) To point five of the opinion, Respondents cited: Code ‘Civ. Prpc., Sec. 486; Laws 1913,…
1Opinion of the CourtSmith, J.
[1] Respbnd’ent challenges the sufficiency of appellants’ assignments of -er'rof for the reason that tliey contain no references to the specifications of error upon which they were founded. Appellants’ brief contains a statement that specifications are not printed in the brief, “inasmuch as the assignments of error herein printed are identical with those accompanying the notice of intention,” etc. The assignments beihg numbered, a majority of the court, are of opinion that this is1 a sufficient reference to the specifications of error. Most of the assignments refer to pages1 of the settled…
2Cases cited35 opinions
- Ginter v. GinterSupreme Court of Kansas · 1909
- In Re the Probate of the Will of KindbergNew York Court of Appeals · 1912
- Cudney v. . CudneyNew York Court of Appeals · 1877
- Overheiser v. . LackeyNew York Court of Appeals · 1913
- Lobdell v. . LobdellNew York Court of Appeals · 1867
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3Cited by21 opinions
- In Re Estate of HobelsbergerSouth Dakota Supreme Court · 1970
- Imel v. MetzSouth Dakota Supreme Court · 1960
- In Re Metz'EstateSouth Dakota Supreme Court · 1960
- Estate of GrossmanSupreme Court of Pennsylvania · 1979
- Johnson v. ShaverSouth Dakota Supreme Court · 1919
16 more not listed; retrieve them via the Exa API.