Cessna v. Otho Development & Power Co.
South Dakota Supreme Court
Appeal from Circuit Court, Pennington County. Hon. Devi McGee, Judge. Action by James A. Cessna against the Otho Development & Power Company, the Otho Gold Mining and Milling Company, the Chicago Savings Bank and Trust Company, and Deverett Thompson, Trustee, and others, to enforce miners’ liens. From an order appointing a receiver for the defendant, Otho Development ancl Power Company, the named defendants appeal. (i) Under point one of the opinion, Appellants cited.
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Appeal from Circuit Court, Pennington County. Hon. Devi McGee, Judge. Action by James A. Cessna against the Otho Development & Power Company, the Otho Gold Mining and Milling Company, the Chicago Savings Bank and Trust Company, and Deverett Thompson, Trustee, and others, to enforce miners’ liens. From an order appointing a receiver for the defendant, Otho Development ancl Power Company, the named defendants appeal. (i) Under point one of the opinion, Appellants cited. Sub. 3, Sec. 462, C. C. P.; Sec. 155, C. C. P.; State v. Fgan, (Minn.) 64 N. W. 813; De Da Nestanga v. De Da Nestanga, (Cal.)…
1Opinion of the CourtMcCOY, P. J.
This action was instituted by the service of *560summons and complaint on all the defendants to foreclose statutory miner’s liens. From the complaint it substantially appears that defendant Otho Development & Power Company is a corporation existing- under the laws of this state; that said Otho Development & Power Company' is the owner of certain mines and mining’ claims situated in Pennington county, together with mill, hoist, and all buildings and machinery and improvements and appurtenances in connection therewith; that plaintiff is a laborer and miner by trade, and that he entered into a…
2Cases cited8 opinions
- De la Montanya v. De la MontanyaCalifornia Supreme Court · 1896
- Title Ins. Trust Co. v. Calif. Etc. Co.California Supreme Court · 1911
- Joseph Dry Goods Co. v. HechtCourt of Appeals for the Fifth Circuit · 1903
- St. Germain Irrigating Ditch Co. v. Hawthorne Ditch Co.South Dakota Supreme Court · 1913
- Colwell v. Garfield National BankNew York Court of Appeals · 1890
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3Cited by3 opinions
- Lewis v. Annie Creek Mining Co.South Dakota Supreme Court · 1951
- First National Bank of Frankfort v. HalsteadSouth Dakota Supreme Court · 1930
- Bowe v. MillerSouth Dakota Supreme Court · 1928