Union Bond & Mortgage Co. v. Brown

The above cause is now before us for disposition on the merits, and the first question to determine is just what matters are open for our consideration. In so far as this purports to be an appeal from the denial of new trial below, it has already been dismissed as to defendant-respondent H. P. Brown (same title (1936) 64 S. D. 352, 266 N. W. 720) and likewise by Per Curiam opinion this day filed as to plaintiff-respondtent Union Bond & Mortgage Company (same title, 64 S. D. 596, 269 N. W. 472). As pointed out in the opinion last cited, the right of plaintiff-respondent to such dismissal is…