Sweet v. Myers
South Dakota Supreme Court
Appeal from circuit court, Beadle county. Hon. A. W. Camp bell, Judge. Action to recover certain property claimed by plaintiffs to be personalty. Plaintiffs bad judgment. Defendants appeal. Tbis opinion is upon tbe merits of tbe case and upon a motion made by plaintiffs to dismiss tbe appeal. Tbe facts are stated -in tbe opinion. ■ Tbe lien stipulated in tbe lease is valid against tbe tenant and those having notice of tbe contract.
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Appeal from circuit court, Beadle county. Hon. A. W. Camp bell, Judge. Action to recover certain property claimed by plaintiffs to be personalty. Plaintiffs bad judgment. Defendants appeal. Tbis opinion is upon tbe merits of tbe case and upon a motion made by plaintiffs to dismiss tbe appeal. Tbe facts are stated -in tbe opinion. ■ Tbe lien stipulated in tbe lease is valid against tbe tenant and those having notice of tbe contract. Jones, Liens, § 540 ; 3 Kent, Comm. 484.' Tbe transfer by sale under tbe chattel mortgage to plaintiffs was by our law conclusively presumed fraudulent and void as…
1Opinion of the CourtKellam, P. J.
This action was brought by respondents to recover possession of certain property claimed to be personal, and withheld by the appellants. They recovered judgment on trial by the court below, and the defendants have appealed. The respondents move to dismiss the appeal because no bill of exceptions was settled in the case. This would not be ground for dismissal, but does, we think, confine the review in this court to questions appearing upon the judgment roll proper. The printed abstract recites that the parties agreed upon the facts embodied therein in a stipulation, and submitted the case to…
2Cases cited15 opinions
- Martin v. MartinIndiana Supreme Court · 1881
- Loughran v. . RossNew York Court of Appeals · 1871
- Guthrie v. JonesMassachusetts Supreme Judicial Court · 1871
- Haynes v. City of Cape MaySupreme Court of New Jersey · 1889
- Saint Croix Lumber Co. v. PenningtonSupreme Court Of The Territory Of Dakota · 1881
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