Selbie v. Graham
South Dakota Supreme Court
Appeal from circuit court, Lawrence county; Hon. Joseph Í3. Moore, Judge. Action by William Selbie, administrator of James K. P. Miller, deceased, against Charles H. Graham and another. Judgment for plaintiff. Defendant Graham appeals.
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Appeal from circuit court, Lawrence county; Hon. Joseph Í3. Moore, Judge. Action by William Selbie, administrator of James K. P. Miller, deceased, against Charles H. Graham and another. Judgment for plaintiff. Defendant Graham appeals. It must appear by the record of the prior suit that the particular controversy sought to be concluded was necessarily tried and determined — that is, if the record of the former trial shows that the judgment could not have been rendered without deciding the particular matter, it will be considered as having-settled that matter as to all future actions between…
1Opinion of the CourtHaney, J.
James K. P. Miller died January 13, 1891, leaving a will, by which he devised all h-is property to William H. Swift, Joseph Swift, and EÍ. B. Beecher, in trust for certain purposes. They qualified as executors. Subsequently the plaintiff in this action succeeded them as administrator. Debts have been proven against Miller’s estate to the amount of about. $150,000. His estate is insolvent, and, even if anything should be obtained from this litigation, thei;e wouklnotbe sufficient property to satisfy the xd©bts. When Miller died the records showed him to be the owner of certain lots in the city…
2Cases cited8 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Reynolds v. . Aetna Life Ins. Co.New York Court of Appeals · 1899
- Howard v. City of HuronSouth Dakota Supreme Court · 1894
- Graham v. SelbieSouth Dakota Supreme Court · 1896
- Noyes v. BraceSouth Dakota Supreme Court · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Keith v. Willers Truck ServiceSouth Dakota Supreme Court · 1936
- McPherson v. SwiftSouth Dakota Supreme Court · 1908
- Bigelow v. BoothSouth Dakota Supreme Court · 1916
- Sanford v. KingSouth Dakota Supreme Court · 1905
- Kammann v. BartonSouth Dakota Supreme Court · 1909
1 more not listed; retrieve them via the Exa API.