State ex rel. Hale v. McGee
South Dakota Supreme Court
• Certiorari by tibe State on the relation, of Thomas E. Hale and another, against Levi M:cGee, Judge of the Circuit Court, and others, to review injunction proceedings in foreclosure by advertisement. (i) Under point one of the opinion, Plaintiff submitted that: The order in question of June 21st 1916, is not an appealable order, and' cited': Commercial National Bank v. Smith et al., 1 S. D'. 29; Bostwick et al. v. Knight et al., 5 Dak. 305; Black Hills E. & Min.
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• Certiorari by tibe State on the relation, of Thomas E. Hale and another, against Levi M:cGee, Judge of the Circuit Court, and others, to review injunction proceedings in foreclosure by advertisement. (i) Under point one of the opinion, Plaintiff submitted that: The order in question of June 21st 1916, is not an appealable order, and' cited': Commercial National Bank v. Smith et al., 1 S. D'. 29; Bostwick et al. v. Knight et al., 5 Dak. 305; Black Hills E. & Min. Co. v. Grand Island & W. C. R. R. Co, 2 S. D. 546; Tracy v. Scott, (N. D.) 101 N. W. 905; -Scott v. Court, (N. D.) 107 N. W. 61;…
1Opinion of the CourtWhiting, J.
[1] This cause comes before us upon the íeturn made by defendants to a writ of certiorari issued by this court and1 upon a motion by defendants asking a dismissal of such writ. The return to the writ show-s tire following, which we deem-to -be the only material faicts for our consideration: Plaintiff Hale, being the mortgagee named in, and the holder of a certain real estate mortgage given to harm ’by the defendants Thomson, Undertook to foreclose 'the same by advertisement under the power of sale in such mortgage contained. The proceedings upon such foreclosure -were in all things regular.…
2Cases cited2 opinions
- MacGregor v. PierceSouth Dakota Supreme Court · 1903
- Kirby v. Circuit CourtSouth Dakota Supreme Court · 1897
3Cited by8 opinions
- In Re NelsonDistrict Court, D. South Dakota · 1935
- Arnoldy v. Mahoney & FinnemanSouth Dakota Supreme Court · 2010
- Brady v. CooperSouth Dakota Supreme Court · 1923
- Dowling v. MedinSouth Dakota Supreme Court · 1923
- Muller v. Thompson Yards, Inc.South Dakota Supreme Court · 1925
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