Kierbow v. Young
South Dakota Supreme Court
Appeal from Circuit Court, McPherson County. Hon. Coring E. Garry, Judge. Action by D. O. Kierbow against Henry Young, as sheriff of McPherson county. From a judgment in favor of plaintiff, defendant appeals. This cause was tried to the court without a jury. Under these circumstances it was necessary, before entry of judgment, for the court to give his decision in writing and that the same be filed with the clerk.
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Appeal from Circuit Court, McPherson County. Hon. Coring E. Garry, Judge. Action by D. O. Kierbow against Henry Young, as sheriff of McPherson county. From a judgment in favor of plaintiff, defendant appeals. This cause was tried to the court without a jury. Under these circumstances it was necessary, before entry of judgment, for the court to give his decision in writing and that the same be filed with the clerk. Upon the trial of a question of fact by the court its decision must be given in writing, * * * and no judgment shall be rendered or entered until the filing of such decision. Sec.…
1Opinion of the CourtFuller, P. J.
By stipulation of counsel, this action to recover possession of $63, as exempt property which the defendant sheriff had seized under an attachment, was tried to the court without a jury, and this appeal is from a judgment in favor of plaintiff for the full amount claimed and from an order overruling defendant’s motion for a new trial. ■
The objection that judgment was rendered and entered without findings upon any of the issues of fact raised by the pleadings, under which testimony was offered by the respective parties, is presented by an assignment of error which must control the…
2Cases cited2 opinions
- Gull River Lumber Co. v. School District No. 39North Dakota Supreme Court · 1890
- Thomas v. IssenhuthSouth Dakota Supreme Court · 1904
3Cited by6 opinions
- Crane v. First National Bank of McHenryNorth Dakota Supreme Court · 1913
- Linard v. HersheySouth Dakota Supreme Court · 1994
- Saunders v. HopkinsSouth Dakota Supreme Court · 1932
- Hauge v. RikkersSouth Dakota Supreme Court · 1991
- Linard v. HersheySouth Dakota Supreme Court · 1994
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