Wolfe v. Montgomery
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Hon. J osEph W. Jones, Judge. Action by Francis A. Wolfe, against Mabel B. Montgomery, impleaded with the Security Trust and Savings Bank, a corporation, to recover possession, of a promissory note, and for other relief. From a judgment for plaintiff, and from an order denying a new trial, 'defendant Montgomery appeals. (1) To point one of the opinion, .Appellant cited: Sec. 99, Code Cv.
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Appeal from Circuit Court, Minnehaha County. Hon. J osEph W. Jones, Judge. Action by Francis A. Wolfe, against Mabel B. Montgomery, impleaded with the Security Trust and Savings Bank, a corporation, to recover possession, of a promissory note, and for other relief. From a judgment for plaintiff, and from an order denying a new trial, 'defendant Montgomery appeals. (1) To point one of the opinion, .Appellant cited: Sec. 99, Code Cv. Proc.; Sec. ioi, as amended by Chap. 283, Laws of 1909; 3 Kent’s Commentaries 473 et seqi; Acme Harvest-Machine Co. rv. Hinkle, 122 N. W. 412; Smail v. Gilruth, 8…
1Opinion of the CourtWhiting, P. J.
Plaintiff gave his promissory note to defendant Montgomery, a resident of Tripp county, who sent it to defendant bank for collection. Such bank was located in Minnehaha county. Plaintiff 'brought this action in Minnehaha county, and, while praying for the possession of the note or, in case possession could not be had, for alternative relief in money judgment for face value of note, the allegations of his. complaint set forth facts which would have entitled him to equitable relief by way of cancellation of the note. The defendant Montgomery moved that the venue of said action be changed to…
2Cases cited3 opinions
- Byers v. FergusonOregon Supreme Court · 1902
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