Merchants Nat. Bank v. McKinney
South Dakota Supreme Court
Appeal from circuit court, Yankton county. Hon. E. G-. Smith, Judge. This case was last decided by this court in an opinion found in 4 S. D. 226, in which a judgment of the circuit court in favor of the defendants was affirmed. There had been a prior appeal in the same case from a judgment of the territorial district court in favor of the plaintiff which was reversed by this court in an opinion found in 2 S. D., 106. Appellant petitions for a rehearing.
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Appeal from circuit court, Yankton county. Hon. E. G-. Smith, Judge. This case was last decided by this court in an opinion found in 4 S. D. 226, in which a judgment of the circuit court in favor of the defendants was affirmed. There had been a prior appeal in the same case from a judgment of the territorial district court in favor of the plaintiff which was reversed by this court in an opinion found in 2 S. D., 106. Appellant petitions for a rehearing. The facts are stated in the opinion.
1Opinion of the CourtCorson, P. J.
This case comes before us on a petition for a rehearing. The opinion of this court is reported in 4 S. D. 226; 55 N. W. 929. This was the second appeal in this case, the first opinion being reported in 2 S. D. 106; 48 N. W. 841. As appears more fully from the statement of the case in the second opinion, the plaintiff, its judgment in the-first appeal having been reversed, moved the circuit court to submit certain issues to a jury, which it claimed had not been passed upon by the referee to whom the case was originally referred, and to set the. case down for trial. The defendants, in whose…
2Cases cited4 opinions
- Merchants Nat. Bank v. McKinneySouth Dakota Supreme Court · 1891
- Campbell v. PhillipsSupreme Court of Kansas · 1882
- Merchants National Bank v. McKinneySouth Dakota Supreme Court · 1893
- Ayers, Weatherwax & Reid Co. v. SundbackSouth Dakota Supreme Court · 1894
3Cited by3 opinions
- Foley-Wadsworth Implement Co. v. PorteousSouth Dakota Supreme Court · 1895
- In re Seydel's EstateSouth Dakota Supreme Court · 1900
- Harrison v. Chicago, Mil. & St. P. Ry. Co.South Dakota Supreme Court · 1895