Legal Opinion

Church v. Walker

South Dakota Supreme Court

Decided February 2, 1898PublishedCited by 10 opinions

On rehearing. Statutory contest proceeding. Plaintiff had judgment and defendant appealed. In an opinion handed down July 14, 1897, 10 S. D. 90, 72 N. W. 101, the judgment was affirmed. Appellant petitioned for a rehearing, which was granted.

1Opinion of the CourtCorson, P. J.

This case was decided at the April term, 1897, of this court, and is reported in 10 S. D. 90, 72 N. W. 101. Upon petition a rehearing was granted, and the case was re-argued at the present term of this court.

• The appellant claimed in his petition for a rehearing, and now contends, that the court fell into an error in holding that the allegations of the complaint as to plaintiff’s eligibility were not denied. We are not satisfied that the court committed any error in assuming from the pleadings that the qualifications of plaintiff were not denied, but, conceding such to be the fact, it would…

2Cases cited3 opinions

  1. McMahon v. PolkSouth Dakota Supreme Court · 1897
  2. Batterton v. FullerSouth Dakota Supreme Court · 1894
  3. Church v. WalkerSouth Dakota Supreme Court · 1897

3Cited by10 opinions

  1. Howser v. PepperNorth Dakota Supreme Court · 1899
  2. McIntyre v. WickSouth Dakota Supreme Court · 1996
  3. Tonnar v. WadeMississippi Supreme Court · 1929
  4. Beck v. CousinsSupreme Court of Iowa · 1960
  5. Fullarton v. McCaffreySupreme Court of Iowa · 1916

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