Legal Opinion

Albright v. Smith

South Dakota Supreme Court

Decided March 22, 1893PublishedCited by 5 opinions

Appeal from circuit court, Hughes county. Hon. H. G-. Fuller, Judge. In an opinion found in 2 S. D. 577, 51 N. W. 590, the court affirmed the decision of the lower court. Subsequently, a rehearing was granted, and this opinion is upon the rehearing.

1Opinion of the CourtKellam, J.

The former opinion of this court may be found in 2 S. D. 577, 51 N. W. Rep. 590, where the questions then considered as controlling in the case were discussed at length. A re-argument was allowed principally upon the ground, as urged by appellants, that this court had failed to apprehend and give the proper effect to the various amendments by successive legislatures, by which the original law, adopted from Iowa, and appearing as chapter 31 of the Code of Civil Procedure, has become the present chapter of possibly incongruous sections upon the subject of mechanics’ liens. Having patiently…

2Cases cited3 opinions

  1. Laird v. MoonanSupreme Court of Minnesota · 1884
  2. Albright v. SmithSouth Dakota Supreme Court · 1892
  3. Bardwell v. MannSupreme Court of Minnesota · 1891

3Cited by5 opinions

  1. Barrett v. MillikanIndiana Supreme Court · 1901
  2. Hahn v. Sleepy Eye Milling Co.South Dakota Supreme Court · 1907
  3. Robertson Lumber Co. v. State BankNorth Dakota Supreme Court · 1905
  4. Symms-Powers Co. v. KennedySouth Dakota Supreme Court · 1914
  5. Handelan v. Smee School District No. 4South Dakota Supreme Court · 1916

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