Nelsen v. Menno State Bank
South Dakota Supreme Court
1Opinion of the CourtBrown, J.
Plaintiff, as administrator o-f the estate of Clara M. Fennell, sues to recover the value of a -certificate of deposit in defendant bank, -which plaintiff alleges defendant bank has converted to- its own use. The answers allege that the deposit was the money of defendant Mrs. Philip Schenk, and that -deceased held the -certificate of deposit as trustee for sai-d defendant. Plaintiff moved for judgment on the pleadings, on the ground that the answers state no- defense, and from an order denying" the motion •plaintiff appeals.
An order denying judgment on the pleadings is an interlocutory-…
2Cases cited2 opinions
- Persons v. SimonsNorth Dakota Supreme Court · 1890
- Warwick v. BlissSouth Dakota Supreme Court · 1927
3Cited by4 opinions
- Nicolay v. StukelSouth Dakota Supreme Court · 2017
- Cowan Bros., L.L.C. v. American State BankSouth Dakota Supreme Court · 2007
- Sturzenbecher v. Sioux County Ranch, LLCSouth Dakota Supreme Court · 2025
- Edgerton Independent Consol. School Dist. No. 2 v. Western Surety Co.South Dakota Supreme Court · 1929