Cumins v. Lawrence County
South Dakota Supreme Court
Appeal from district court, Lawrence county. Hon. Charles M. Thomas, Judge. This case was first argued in this court Peb. 12, 1890. The opinion thereon is published in 1 S. D. 158. Upon petition of respondent’s attorneys a rehearing was ordered by the court. This op inion is upon the rehearing. The former opinion adhered to. No briefs filed.
1Opinion of the CourtBennett, J.
For former opinion, see 1 S. D. 158. A rehearing of this case was allowed upon the claim that the respondent inadvertently failed to properly and fully present to this court in his oral argument, and that the court did not consider the j)oint that the so-called denial of Paragraph 4 of plaintiff’s complaint, which is contained in Paragraph 3 of defendant’s answer, is bad on demurrer, because said denial contains negatives pregnant. Paragraph 4 of the complaint is as follows: “That before the 1st day of March, 1888, the said bond, and said coupon thereto, were duly assigned, transferred, and…
2Cases cited8 opinions
- Bennett v. . Leeds Manufacturing Co.New York Court of Appeals · 1888
- Elton v. MarkhamNew York Supreme Court · 1855
- Robert Gere Bank v. InmanNew York Supreme Court · 1889
- Snyder v. WhiteNew York Supreme Court · 1851
- Caswell v. BushnellNew York Supreme Court · 1852
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