Babcock v. Ormsby
South Dakota Supreme Court
Appeal from circuit court, Grant county; Hon. J. H. McCoy, Judge. Action by Howard Babcock against A. Scott Ormsby and the Ormsby Land & Mortgage Company. Judgment for plaintiff. Defendants appeal.
1Opinion of the CourtFuller, J.
On this appeal from an order overruling a ■motion for a new trial in an action to enforce the specific performance of a contract to convey real property two questions of practice require attention. The cause was sent to a referee for trial of all the issues, and, his report being in all things *360accepted and adopted by the court, pursuant to the stipulation of counsel for both parties, it is urged that appellants, by reason of such stipulation, are not entitled to a review of any question presented by their assignments of error. For practically every purpose of the trial, a referee appointed…
2Cases cited8 opinions
- Bem v. BemSouth Dakota Supreme Court · 1893
- Crenshaw v. Pacific Mutual Life InsuranceMissouri Court of Appeals · 1897
- Neeley v. RobertsSouth Dakota Supreme Court · 1903
- Waldron v. City of St. PaulSupreme Court of Minnesota · 1885
- Hunt v. CraneMississippi Supreme Court · 1857
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Myers v. SmithSupreme Court of Iowa · 1924