Noziska v. Aten
South Dakota Supreme Court
Appeal from Circuit Court, Tripp County. Hon. William Williamson, Judge. Action by John C. Noziska and others against A. K. Aten, Jr., for damages resulting from negligence of defendant as an attorney. From a judgment for plaintiffs, and from an order dertying a new trial, defendant appeals. (1) Under point one of the opinion, Appellant cited: Shull v. Barton, 77 N. W. 132, 136; Central State Bank of Geneseo et al. v. Walker, 53 Pac. 379; Code Civ.
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Appeal from Circuit Court, Tripp County. Hon. William Williamson, Judge. Action by John C. Noziska and others against A. K. Aten, Jr., for damages resulting from negligence of defendant as an attorney. From a judgment for plaintiffs, and from an order dertying a new trial, defendant appeals. (1) Under point one of the opinion, Appellant cited: Shull v. Barton, 77 N. W. 132, 136; Central State Bank of Geneseo et al. v. Walker, 53 Pac. 379; Code Civ. Proc., Sec. 87; St. Louis & S. F. R. Co. v. Dickenson et al., 118 Pac. 140; Martin v. Davis, 82 Ind. 38. (2) Under point two of the opinion,…
1Opinion of the CourtWhiting, J.
This action was instituted in the name of John C. Noziska and F. F. Sinkler, as plaintiffs, and in their complaint they alleged, in substance, as follows: That the defendant is, and was at all times therein mentioned, a duly licensed and practicing attorney at law, holding himself out as such attorney within this state; that plaintiffs employed the defendant, as such, attorney, to prosecute a certain action in justice court, on behalf of plaintiffs and against one Mundorf and wife, for the recovery of money claimed to be due for merchandise sold and delivered by plaintiffs to said Mundorfs;…
2Cases cited1 opinion
- Kelsey v. Chicago & North Western Railway Co.South Dakota Supreme Court · 1890
3Cited by5 opinions
- Lehman v. SmithSouth Dakota Supreme Court · 1918
- Reeves v. NobleSupreme Court of Oklahoma · 1923
- Atlas Assur. Co. of London v. FairchildSupreme Court of Oklahoma · 1935
- Crisp v. NunnSupreme Court of Oklahoma · 1935
- Noziska v. AtenSouth Dakota Supreme Court · 1915