Legal Opinion

Mullen v. Dwight

South Dakota Supreme Court

Decided July 22, 1919No. File No. 4399PublishedCited by 22 opinions

Appeal from 'Circuit Court, Lawrence County. Hon. James McNenny, Judge. Action 'by Barney M. Mullen and •Clarence F. Rourke, co-partners as Mullen & Rourke, against T. W. Dwight and others, as members and constituting and comprising the regents of education of the 'State of South Dakota, a public corporation, to recover for work, labor and materials entering'into construction and alteration of certain state normal school buildings.

Read the full summary

Appeal from 'Circuit Court, Lawrence County. Hon. James McNenny, Judge. Action 'by Barney M. Mullen and •Clarence F. Rourke, co-partners as Mullen & Rourke, against T. W. Dwight and others, as members and constituting and comprising the regents of education of the 'State of South Dakota, a public corporation, to recover for work, labor and materials entering'into construction and alteration of certain state normal school buildings. From a judgment for plaintiffs, and from an order denying a new trial, defendants appeal. (i) To point one of the opinion, Appellants cited: Chapter 73, laws of…

1Opinion of the CourtMcCOY, J.

Plaintiffs, engaged in general contracting business, entered into, á contract for the construction of a power house, alterations and repairs in the buildings of the state normal school at 'Spearfish, with defendant, as the board of. regents of education of the state of South Dlakota, for which construction, necessary work, labor, and materials, therefor, the said board of regents promised and agreed to pay to plaintiffs the sum of $9,367. Plaintiffs, by their complaint, claim that they have fully completed the said construction according to contract, and that the 'board of regents have failed…

2Cases cited16 opinions

  1. Osborn v. Bank of United StatesSupreme Court of the United States · 1824
  2. In Re AyersSupreme Court of the United States · 1887
  3. Poindexter v. GreenhowSupreme Court of the United States · 1885
  4. Pennoyer v. McConnaughySupreme Court of the United States · 1891
  5. Gunter v. Atlantic Coast Line RailroadSupreme Court of the United States · 1906

11 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. White Eagle Oil & Refining Co. v. GundersonSouth Dakota Supreme Court · 1925
  2. Rein v. JohnsonNebraska Supreme Court · 1947
  3. Lick v. DahlSouth Dakota Supreme Court · 1979
  4. Griffis v. StateSouth Dakota Supreme Court · 1942
  5. Ahlgren v. CarrCalifornia Court of Appeal · 1962

17 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API