Simonson v. Monson
South Dakota Supreme Court
Appeal from Circuit Court, Roberts County. Hon. Jambs H. McCoy, Judge. Action by S. J. Simonson, against Otto Monson, to' determine conflicting claims to realty. From a judgment for plaintiff, defendant appeals.
Read the full summary
Appeal from Circuit Court, Roberts County. Hon. Jambs H. McCoy, Judge. Action by S. J. Simonson, against Otto Monson, to' determine conflicting claims to realty. From a judgment for plaintiff, defendant appeals. (i) Under point one of the opinion, Respondent submitted that: The Supreme Court can not review or modify its decision after the remittitur has been filed in the lower court; and cited: Dempsey v. Billinghurst, 8 S. D. 86; In re Seydells Estate, 14 S. D. 117; Wright v. Sherman, 3 S. D. 367; Tyler v. Maguire, 17 Wall 253, 21 E. Ed. 576; Walferman v. Bell, 35 Pac. 603 (Wash.) ;…
1Opinion of the CourtWhiting, J.
Respondent contends that this court is without jurisdiction herein. This cause has once been before this court upon this appeal, and a decision rendered, which decision will be found reported in 22 S- D. 238, 117 N. W. 133. In due course the remittitur was thereafter sent to the trial court. Thereafter an appeal was taken to- the federal Supreme Court, and the writ of error from such court was directed to this court, which writ commanded this court to transmit to such court the record herein. The federal court, in a decision reported in 231 U. S. 341, 34 Sup. Ct. 71, 58 L. Ed. 260, reversed…
2Cases cited5 opinions
- Murdock v. City of MemphisSupreme Court of the United States · 1875
- Ott v. BoringWisconsin Supreme Court · 1907
- Atherton v. FowlerSupreme Court of the United States · 1875
- Monson v. SimonsonSupreme Court of the United States · 1913
- Simonson v. MonsonSouth Dakota Supreme Court · 1908