Drake v. Great Northern Ry. Co.
South Dakota Supreme Court
Appeal from Circuit Court, Fall River County. Hon. W. G. Rice, Judge. Action by Edward J. Drake and others against the Great Northern Railway Company. Judgment for plaintiffs, and defendant appeals. Failure of a firm to publish and file certificates disclosing the names and residences of the partners, as required by Civ.
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Appeal from Circuit Court, Fall River County. Hon. W. G. Rice, Judge. Action by Edward J. Drake and others against the Great Northern Railway Company. Judgment for plaintiffs, and defendant appeals. Failure of a firm to publish and file certificates disclosing the names and residences of the partners, as required by Civ. Code, § 1762, cannot be cured after action brought by the firm, where the effect of the omission has been properly raised by answer in the nature of a plea in abatement. Heegard v. Trust Co., 54 N. W. 656; Nerger v. Equitable Fire Ass’n., 107 N. W. 531-2; Byers v. Bownet, 64…
1Opinion of the CourtWhiting, J.
This action comes before the court upon an appeal from the judgment of the lower court in favor of the -plaintiffs, and from the order of said court refusing a new trial herein. Preliminary to the consideration of the appeal proper it 'is necessary to consider and dispose of a motion made by the appellant asking this court to strike from the record on appeal the additional abstract filed by respondents. This additional abstract sets out the fact that this case had been tried previous to the trial, from which the appeal was taken, which said former trial was had upon the original pleadings, it…
2Cases cited7 opinions
- Wright v. JettSupreme Court of Georgia · 1904
- Byers v. BourretCalifornia Supreme Court · 1883
- Choctaw Lumber Co. v. GilmoreSupreme Court of Oklahoma · 1902
- Montague v. . BrownSupreme Court of North Carolina · 1889
- Chamberlayne v. NazroMassachusetts Supreme Judicial Court · 1905
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3Cited by3 opinions
- Messick v. Houx Bros., Inc.California Court of Appeal · 1930
- Wilhelm v. JohnsonSouth Dakota Supreme Court · 1948
- Smith v. MonserudSouth Dakota Supreme Court · 1931