First Nat. Bank v. Calkins
South Dakota Supreme Court
Appeal from circuit court, Faulk county. Hon. Loring E. Gaffy, Judge. A-Ction in claim and delivery by the First National Bank of Custer City against Israel Calkins. Judgment for defendant, and plaintiff appeals. As the defendant had not complied with the decree in the case of Calkins v. Perkins at the time this suit was brought, that first decree is decisive of this case in favor of plaintiff.
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Appeal from circuit court, Faulk county. Hon. Loring E. Gaffy, Judge. A-Ction in claim and delivery by the First National Bank of Custer City against Israel Calkins. Judgment for defendant, and plaintiff appeals. As the defendant had not complied with the decree in the case of Calkins v. Perkins at the time this suit was brought, that first decree is decisive of this case in favor of plaintiff. Wells on Rep. §§32/94; Campbell v. Williams 39 la. 646. The trial court erred in admitting in evidence the judgment roll in the case of Calkins v. Perkins, and in not permitting the plaintiff to…
1Opinion of the CourtFuller, J.
The principal questions of fact and law not being essentially different from those presented on a former appeal of this case, it is not necessary to restate such facts, nor reconsider assignments of error directly passed upon at that time. It was then held, after a specific statement of all material facts and a careful study, of the law, that a certain judgment roll was properly admitted in evidence, and that the circumstances were such as to relieve respondent from the payment of money upon the rescission of a contract adjudged to be void by reason of his insanity. In both of these…
2Cases cited15 opinions
- Corning v. . CorningNew York Court of Appeals · 1851
- Mendenhall v. Harrisburg Water Co.Oregon Supreme Court · 1895
- Tanderup v. HansenSouth Dakota Supreme Court · 1896
- Plymouth County Bank v. GilmanSouth Dakota Supreme Court · 1892
- Caldwell v. BruggermanSupreme Court of Minnesota · 1860
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3Cited by8 opinions
- Biegler v. American Family Mutual Insurance Co.South Dakota Supreme Court · 2001
- Argo Oil Corporation v. LathropSouth Dakota Supreme Court · 1957
- Mosteller v. HolbornSouth Dakota Supreme Court · 1906
- Smith v. WilloughbyNorth Dakota Supreme Court · 1912
- Kramer v. K.O. Lee Son Co.North Dakota Supreme Court · 1933
3 more not listed; retrieve them via the Exa API.