Gilbert v. Schnuerle

A statement of the facts in this case may be found in Schnuerle et al v. Gilbert et al, 43 S. D. 535, 180 N. W. 953. In this former case, Gilbert, respondent in the case now at bar, was a defendant with one Humphrey. In the opinion handed down in the former case, this court modified the judgment of the lower court by striking the name of Gilbert therefrom. Ever since then appellants herein have prevented and refused to allow respondent to enter said premises or to. mine sand and gravel therefrom. Plaintiff has spent some $3,000 in constructing the mine, installing and taking off equipment,…