Albien v. Smith
South Dakota Supreme Court
Appeal from Circuit Court, Custer County. Hon. Levi McGee, Judge. Action by Anna A. Albien against J. R. Smith, receiver of the \V. H. Walling, Mercantile Company, and W. H. Walling, to recover ^possession of mortgaged property, or the value thereof. A verdict was directed for plaintiff on all issues, except the value of the property, which was found by the jury. From the judgment and an order denying a new trial, defendant J. R. Smith appeals.
1Opinion of the CourtCorson, J.
This case is before us on an appeal by the defendant J. R. Smith, receiver of the W. H. Walling Mercantile Company, from a judgment rendered in favor of the plaintiff, and from an order denying a new trial. It is alleged in the complaint -in effect that the defendant J. R. Smith was the duly appointed receiver of the W.' H. Walling Mercantile Company, which had become the successor of W. H. Walling, in an action instituted by the Custer County Bank, a corporation; that on the application of the plaintiff for leave to sue the said defendant, the court by its order authorized and granted the…
2Cases cited21 opinions
- Ellis v. Boston, Hartford & Erie RailroadMassachusetts Supreme Judicial Court · 1871
- American Trust & Savings Bank v. McGettiganIndiana Supreme Court · 1899
- Bell v. American Protective LeagueMassachusetts Supreme Judicial Court · 1895
- National Bank of Commerce v. FeeneySouth Dakota Supreme Court · 1897
- Pelletier v. Greenville Lumber Co.Supreme Court of North Carolina · 1898
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3Cited by11 opinions
- Johnson v. Igleheart Bros.Court of Appeals for the Seventh Circuit · 1938
- Dorman v. Crooks State BankSouth Dakota Supreme Court · 1929
- Westphal v. NelsonSouth Dakota Supreme Court · 1910
- Moore v. Boise Land & Orchard Co.Idaho Supreme Court · 1918
- Albien v. SmithSouth Dakota Supreme Court · 1910
6 more not listed; retrieve them via the Exa API.