Chamberlain Sanitarium & Benevolent Ass'n of Seventh Day Adventists v. American Railway Express Co.
South Dakota Supreme Court
Appeal from 'Circuit Court, Brule County. Hon. Frank B. Smith, Judge. Action by Chamberlain Sanitarium and Benevolent Association of Seventh Day Adventists, a corporation, against the American Railway Express Company, a corporation, to recover the value of property alleged to have been consigned for shipment to defendants predecessor, and by it converted to its own use. From an order 'denying an application for leave to answer in the action, defendant appeals.
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Appeal from 'Circuit Court, Brule County. Hon. Frank B. Smith, Judge. Action by Chamberlain Sanitarium and Benevolent Association of Seventh Day Adventists, a corporation, against the American Railway Express Company, a corporation, to recover the value of property alleged to have been consigned for shipment to defendants predecessor, and by it converted to its own use. From an order 'denying an application for leave to answer in the action, defendant appeals. (i) To point one of the opinion, Respondent cited: 3 C. J. 1102, Sec. 1133; Winn v. 'Sanborn, 10 S. D. 642.
1Opinion of the CourtWhiting, J.
-This action was'brought ■ to-recover from *607defendant the value of certain property which it was alleged had 'been consigned for shipment to defendant’s predecessor, Wells Fargo & 'Co., and by it converted to its own use. Plaintiff alleged that defendant had succeeded to all obligations of •Wells Fargo & -Co. Defendant, having failed to answer within the statutory period' for answering, applied for leave to answer. This application was brought on for hearing upon an order to show cause, and was denied. The order of denial imposed terms, and provided that payment thereof should be “a condition…
2Cases cited2 opinions
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- Judd v. PattonSouth Dakota Supreme Court · 1900
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