Yankton National Bank v. Benson
South Dakota Supreme Court
Appeal from Municipal Court of City of Sioux Falk. Hon. Alpha F. Orr, Judge. Action by the Yankton National Bank against F. 'C. Benson, upon a judgment of a justice of the peace. From a judgment for defendant, plaintiff appeals. The judgment rendered February io, 1896 in Justice Court in favor of this plaintiff and against this defendant, is conclusive on the question of plaintiff’s corporate existence.
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Appeal from Municipal Court of City of Sioux Falk. Hon. Alpha F. Orr, Judge. Action by the Yankton National Bank against F. 'C. Benson, upon a judgment of a justice of the peace. From a judgment for defendant, plaintiff appeals. The judgment rendered February io, 1896 in Justice Court in favor of this plaintiff and against this defendant, is conclusive on the question of plaintiff’s corporate existence. In the first finding of fact, the municipal court finds that the plaintiff, a corporation, recovered the judgment in justice court on which this action is based. This meant that at that time…
1Opinion of the CourtGates, J.
Action was brought in the municipal court of Sioux Falls, in the year 1913, upon- a justice court judgment rendered in 1896. The defendant limited his answer tó a specific denial of the corporate existence of the plaintiff. The cause •was tried by the court, which on August 25, 1913, made the following findings of fact:
“(1) That on or about the 10th day of February, 1896, the Yankton National Bank, a corporation, had and recovered *402judgment against the defendant, E- C. Benson, in the 'sum of $62.45.
“(2) That said judgment was recovered before W. D. Stites, justice of the peace in and for…
2Cases cited2 opinions
- Weeks v. CranmerSouth Dakota Supreme Court · 1904
- Alaska Banking & Safe Deposit Co. v. SimmonsWashington Supreme Court · 1912
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- Heezen v. Aurora CountySouth Dakota Supreme Court · 1968
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