Davison v. Kellar
South Dakota Supreme Court
Appeal from- Circuit Court, Kingsbury County. Hon. Arva E. Tayror, Judge. Action- by A. IT. Davison- against James A. Kellar, for an accounting under land leases, and for a money judgment for balance due; defendant interposing a counterclaim. From a judgment for -plaintiff, and from a order denying a new trial, defendant appeals. (1) Under point one of the opinion, Appellant cited: Code Civ.
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Appeal from- Circuit Court, Kingsbury County. Hon. Arva E. Tayror, Judge. Action- by A. IT. Davison- against James A. Kellar, for an accounting under land leases, and for a money judgment for balance due; defendant interposing a counterclaim. From a judgment for -plaintiff, and from a order denying a new trial, defendant appeals. (1) Under point one of the opinion, Appellant cited: Code Civ. Proc., Sec. 277; Telephone Co. v. Mitchell, 22 S. D. 193; Kierbow v. Young, 21 S. D. 180; Gull River Lumber Co. v. School Dist. No. 39, 1 N. D. 500, 48 N. W. 427; Anderson v. Alseth, (S. D.) 66 N. W. 320;…
1Opinion of the CourtWhiting, J.
Plaintiff pleaded, as four separate causes of action, in substance as follows: (1) That .he was the owner of *287certain lands; that defendant went into possession of and farmed such lands under a -written lease during a period including the years 1905, 1906, and 1907; that defendant had not made a true and correct accounting of the products of said farm, but had appropriated large amounts of grain and sums of money to his own use; that he had sought an accounting which defendant had evaded; that he had investigated and found certain shortages existing by virtue of transactions under such lease;…
2Cases cited10 opinions
- Farmer v. St. Croix Power Co.Wisconsin Supreme Court · 1903
- Missouri River Telephone Co. v. City of MitchellSouth Dakota Supreme Court · 1908
- Mckenna v. WhittakerSouth Dakota Supreme Court · 1896
- McPherson v. SwiftSouth Dakota Supreme Court · 1908
- Smith v. CleaverSouth Dakota Supreme Court · 1910
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Wallahan v. WallahanSouth Dakota Supreme Court · 1979
- Essington v. BucheleSouth Dakota Supreme Court · 1962
- Ellens v. LindSouth Dakota Supreme Court · 1937
- Blake v. GundersonSouth Dakota Supreme Court · 1923
- Virgil State Bank v. MillerSouth Dakota Supreme Court · 1915
3 more not listed; retrieve them via the Exa API.