Warder, Bushnell & Glessner Co. v. Raymond
South Dakota Supreme Court
Appeal from circuit court, Brookings county. Hon. J. O, Andrews, Judge. Action upon promissory notes. Judgment for defendant, and plaintiff appeals. The facts are stated in the opinion. Attorneys fees are costs, being an incident of the judgment and- arp no part of the amount Qlaimed; Mipey v. Crum, 48 la. 52; Spierbeeger v. Thomas, 13 N. W. 745; Watson v. Ward, 6 N. W. 407; 12 Am. & Eng. Enoy.
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Appeal from circuit court, Brookings county. Hon. J. O, Andrews, Judge. Action upon promissory notes. Judgment for defendant, and plaintiff appeals. The facts are stated in the opinion. Attorneys fees are costs, being an incident of the judgment and- arp no part of the amount Qlaimed; Mipey v. Crum, 48 la. 52; Spierbeeger v. Thomas, 13 N. W. 745; Watson v. Ward, 6 N. W. 407; 12 Am. & Eng. Enoy. Law, 426. With a statute prohibiting a clause in notes or contracts, providing for attorney fees, is illegal and void. Security v. Dyer, 34 N. W. 838; Redfield vr. Stocker, 59 N. W. 270. The…
1Opinion of the CourtFuller, J.
This appeal is from a judgment of the circuit court in an action upon contract, commenced before a justice of the peace by the service of a summons wherein the defendant is apprised that plaintiff’s cause of action is upon two promissory notes which according to their terms amount to $80.75, and is notified that if he fail to appear and answer as required, “plaintiff will take judgment against you for the sum of eighty and seventy^ five one-hundredths dollars, with costs of this action and an attorn ney’s fee of twenty-five dollars, stipulated and agreed upon ip said notes.” In justice court…
2Cases cited2 opinions
- Plunket v. EvansSouth Dakota Supreme Court · 1892
- Nelson v. LaddSouth Dakota Supreme Court · 1893
3Cited by8 opinions
- Bovee v. HellandMontana Supreme Court · 1916
- Oppenheimer v. ReganMontana Supreme Court · 1905
- Parks v. GrangerMississippi Supreme Court · 1910
- Miller v. MillsSupreme Court of Oklahoma · 1912
- Egan v. RoundsSouth Dakota Supreme Court · 1927
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