Ayers, Weatherwax & Reid Co. v. Sundback
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha county. Hon. Frank R. Aikens, Judge. This case wTas first decided by this court in an opinion filed February 21, 1894, reported in 5 S. D. 31, 58 N. W. 4. In that opinion the judgment of the lower court was reversed.
1Opinion of the CourtKellam, J.
Respondent asks to be allowed to reargue this case, which was decided at the last term, and reported in 5 S. D. 31, 58 N. W. 4, and to be further allowed'to file and serve an-additional abstract. Counsel does not attack the correctness of the decision upon the abstract upon which the case was heard, but represents in his petition that the abstract was incomplete, and that the bill of exceptions contained matter which, if it had gone into the abstract, would plainly have led *363to a different decision and judgment in this court. This is probably true, but we still think we ought to deny the…
2Cases cited1 opinion
- Ayers, Weatherwax & Reid Co. v. SundbackSouth Dakota Supreme Court · 1894
3Cited by1 opinion
- Merchants Nat. Bank v. McKinneySouth Dakota Supreme Court · 1894