Legal Opinion

Nelsen v. Menno State Bank

South Dakota Supreme Court

Decided August 10, 1928No. File No. 6005PublishedCited by 4 opinions

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

  1. Persons v. SimonsNorth Dakota Supreme Court · 1890
  2. Warwick v. BlissSouth Dakota Supreme Court · 1927

3Cited by4 opinions

  1. Nicolay v. StukelSouth Dakota Supreme Court · 2017
  2. Cowan Bros., L.L.C. v. American State BankSouth Dakota Supreme Court · 2007
  3. Sturzenbecher v. Sioux County Ranch, LLCSouth Dakota Supreme Court · 2025
  4. Edgerton Independent Consol. School Dist. No. 2 v. Western Surety Co.South Dakota Supreme Court · 1929

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