Roblin v. Palmer
South Dakota Supreme Court
Appeal from circuit court, Lake county. Hon. Joseph W. Jones, Judge. Action to cancel a lis pendens and a certificate of sale on execution, and to perpetually enjoin the issuance of a sheriff’s deed. Prom a judgment for plaintiff, defendants appeal. The facts are stated in the opinion. Under the code practice, in actions tried by the court full findings upon every issue of fact made by the pleadings is absolutely necessary.
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Appeal from circuit court, Lake county. Hon. Joseph W. Jones, Judge. Action to cancel a lis pendens and a certificate of sale on execution, and to perpetually enjoin the issuance of a sheriff’s deed. Prom a judgment for plaintiff, defendants appeal. The facts are stated in the opinion. Under the code practice, in actions tried by the court full findings upon every issue of fact made by the pleadings is absolutely necessary. Campbell v. Buckman, 49 Cal. 362; Hathaway v. Ryan, 35 Cal. 187; Ladd v. Tully, 51 Cal. 277; Cassedy v. Cassedy, 63 Cal. 352; Billings v. Everett, 52 Cal. 661; Phipps v.…
1Opinion of the CourtPuller, J.
This action, to cancel a lis pendens, a certificate of sale on execution, and perpetually enjoin the issuance to appellant Palmer of a sheriff’s deed to the property described in the complaint, was tried to the circuit court without a jury, and resulted in a judgment for plaintiff, and the defendant appeals.
Respondent’s motion to strike from the abstract, and disregard, appellant’s bill of exceptions, is based upon a question discussed in Peart v. Railway Co. (just decided by this court) 8 S. D. 431, 67 N. W. 837, on appeal from the clerk’s taxation of costs. Applying to this case, in the…
2Cases cited6 opinions
- Trenton Banking Company v. . DuncanNew York Court of Appeals · 1881
- Runyan v. McClellanIndiana Supreme Court · 1865
- Plant v. SmytheCalifornia Supreme Court · 1872
- Bank of California v. DyerWashington Supreme Court · 1896
- Bateman v. BackusSupreme Court Of The Territory Of Dakota · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Smith v. CleaverSouth Dakota Supreme Court · 1910
- Leonard v. FlemingNorth Dakota Supreme Court · 1905
- Bliss v. TidrickSouth Dakota Supreme Court · 1910
- Kohn v. LaphamSouth Dakota Supreme Court · 1900
- Perkins v. Roberts CountySouth Dakota Supreme Court · 1911
11 more not listed; retrieve them via the Exa API.