Hardin v. Rogers
South Dakota Supreme Court
in favor of plaintiff, and1 from an order denying a new trial, de- Appeal from Circuit Court, Lawrence County. HoN. Jamtís McNSNNY, Judge. Action by James D. Hjardin, against Burt Rogers and others, to recover damages for destruction1 of papers. From a -judgment in favor of plaintiff, and from an order, denying..a. new trial defendant Graham appeals.
Read the full summary
in favor of plaintiff, and1 from an order denying a new trial, de- Appeal from Circuit Court, Lawrence County. HoN. Jamtís McNSNNY, Judge. Action by James D. Hjardin, against Burt Rogers and others, to recover damages for destruction1 of papers. From a -judgment in favor of plaintiff, and from an order, denying..a. new trial defendant Graham appeals. (i) To point one of the opinion, Appellant cited1: n Encyclopedia of Pleading and Practice, 123, Note 3 and cases cited; Ewing v. Lynn 22 S. Dak. 95; Cooley Torts 533, etc; Hardeman v. Williams, 10 L. R. A. (N. S.) 653; Doran v. Thomson, 19 L. R.…
1Opinion of the CourtGates, J.
The plaintiff was at one time president and general manager of the Branch Mint Mining & Milling Company. Pursuant to litigation (see Phillips v. Branch Mint Mining & Milling Co., 27 S. D. 350, 131 N. W. 308, and Hardin v. Union Trust Co., 191 Fed. 152, 111 C. C. A. 632), the defendant Graham claims to have ¡become the owner of the property of the company. The plaintiff was in possession, he claims, under an agreement made with a lessee company, known as the Branch Mint Operating Company, which latter company, it is claimed, was not made a party to the litigation. Plaintiff was ejected from…
2Cases cited2 opinions
- Hardin v. Union Trust Co. of PhiladelphiaCourt of Appeals for the Eighth Circuit · 1911
- Phillips v. Branch Mint Min. & Mill Co.South Dakota Supreme Court · 1911
3Cited by1 opinion
- Trachte v. Estate of UttingWisconsin Supreme Court · 1947