First National Bank v. McCarthy
South Dakota Supreme Court
Appeal from circuit court, Pennington county. Hon. William Gardner and Levi McGee, Judges. Action by the First National Bank of Rapid City against Patrick B. McCarthy and others. Judgment for plaintiff. From an order granting a new trial, plaintiff appeals. The facts are stated in the opinion. The trial court has no jurisdiction to grant or refuse a new trial unless the notice of intention to move for a new -trial has been given in the manner prescribed by the statute.
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Appeal from circuit court, Pennington county. Hon. William Gardner and Levi McGee, Judges. Action by the First National Bank of Rapid City against Patrick B. McCarthy and others. Judgment for plaintiff. From an order granting a new trial, plaintiff appeals. The facts are stated in the opinion. The trial court has no jurisdiction to grant or refuse a new trial unless the notice of intention to move for a new -trial has been given in the manner prescribed by the statute. Hayne on New Trial and App. § 17; Bear River v. Boles, 24 Cal. 354; Elliott v. Osborne, 1 Cal. 396; Flateau v. Lubeck, 24…
1Opinion of the CourtCorson, J.
This is an action to foreclose a mortgage given by the defendants Patrick McCarthy and wife to secure the payment of $5,675 claimed to have been loaned Patrick McCarthy by the plaintiff. Findings and judgment were in favor of the plaintiff, and subsequently a new trial was granted, and from the order granting a new trial the plaintiff appeals.
On May 4, 1897, the court made its findings of fact, and stated its conclusions of law thereon. On May 7th said findings of fact,'conclusions, of law, and judgment were personally served upon the attorney for the defendants, and the receipt of a copy…
2Cases cited15 opinions
- Corwith v. State Bank of IllinoisWisconsin Supreme Court · 1864
- Parker v. First National BankNorth Dakota Supreme Court · 1892
- Biagi v. HowesCalifornia Supreme Court · 1885
- Humpfner v. D. M. Osborne & Co.South Dakota Supreme Court · 1891
- Carpentier v. ThurstonCalifornia Supreme Court · 1866
10 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Fuller v. AndersonSouth Dakota Supreme Court · 1926
- Judicial Qualifications Commission v. SchiradoNorth Dakota Supreme Court · 1985
- First National Bank v. McCarthySouth Dakota Supreme Court · 1904
- Braun v. Thuet Bros.South Dakota Supreme Court · 1919
- Cowie v. HarkerSouth Dakota Supreme Court · 1913
5 more not listed; retrieve them via the Exa API.