Legal Opinion

McQueen v. Bank of Edgemont

South Dakota Supreme Court

Decided April 3, 1906PublishedCited by 3 opinions

Appeal from Circuit Court, Fall River County. Hon. Lbvi McGbb, Judge. Action by Eva McQueen against the Bank of -Edgemont. From a judgment for plaintiff, defendant appeals.

Read the full summary

Appeal from Circuit Court, Fall River County. Hon. Lbvi McGbb, Judge. Action by Eva McQueen against the Bank of -Edgemont. From a judgment for plaintiff, defendant appeals. Whe're the undisputed-evidence shows that when plaintiff commenced to brand the cattle she now claims to own, (in spring of 1901) with D bar K on left side and K on left side of neck, that, the mortgagors, her husband and his co-partner, Barger, had the-exclusive right to use the D bar K brand on the left side of cattle, and also knew that they had mortgaged all of the cattle and horses, so branded, and knew when, each…

1Opinion of the CourtCorson, J.

This is an action in claim and delivery. Verdict and judgment being in favor of the plaintiff the defendant has appealed.

The defendant seeks a reversal of the judgment upon three grounds: (1) That the plaintiff was estopped from asserting her claim to the property in controversy by reason of her acts and conduct in reference thereto; (2) that the court erred in the admission of evidence on the part of the plaintiff; (3) that the court.erred in excluding evidence on the part of the defendant; (4) that the verdict is against law. The complaint is in the usual form alleging that plaintiff was…

2Cases cited10 opinions

  1. State ex rel. Kansas City v. East Fifth Street Railway Co.Supreme Court of Missouri · 1897
  2. Caledonia Gold Mining Co. v. NoonanSupreme Court Of The Territory Of Dakota · 1882
  3. Delphi v. StartzmanIndiana Supreme Court · 1885
  4. Gill v. RiceWisconsin Supreme Court · 1861
  5. Erickson v. First National BankNebraska Supreme Court · 1895

5 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Smith v. CleaverSouth Dakota Supreme Court · 1910
  2. State Ex Rel. Hurd v. BlomstromSouth Dakota Supreme Court · 1949
  3. State v. DeversSouth Dakota Supreme Court · 1913

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API