Gibson v. Allen
South Dakota Supreme Court
Appeal from .Circuit Court, Pennington County. ' Hon. Levi McGee, Judge. Action by Charles E. Gibson against Ethan L. Allen. Prom a Judgment for defendant, and from an order denying a motion for a new trial, plaintiff appeals. ■ An action upon a sealed' instrument can be commenced within twenty years after the cause of action shall have accrued. Landauer v. Sioux Palls Imp. Co., to S. D. 205; Heffie-man v. Pennington County, B S: D. 162; § § 39, 57, 58 Code' Civ.
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Appeal from .Circuit Court, Pennington County. ' Hon. Levi McGee, Judge. Action by Charles E. Gibson against Ethan L. Allen. Prom a Judgment for defendant, and from an order denying a motion for a new trial, plaintiff appeals. ■ An action upon a sealed' instrument can be commenced within twenty years after the cause of action shall have accrued. Landauer v. Sioux Palls Imp. Co., to S. D. 205; Heffie-man v. Pennington County, B S: D. 162; § § 39, 57, 58 Code' Civ. Pro.; Rev. Codes, 1877, p. 807, § § 16; 17; laws of. 1893, ch. 205, pp. 270, 271. . In this state the common law is in force except…
1Opinion of the CourtCorson, P. J.
This .is an appeal by the plaintiff from a judgment rendered in favor of the defendant and from an order denying a motion for a new trial. The action is based upon a promissory note bearing date of April 1, 1889, and payable April 1, 1894, and the only questions presented for our consideration are, was the note a sealed instrument, and was it barred by the statute of limitations? It is alleged in the complaint that the.note is a sealed instrument, and the defend-*621act admits the making and delivery of the same as set forth in the complaint, but denies that the same is a sealed instrument, and…
2Cases cited2 opinions
- Landauer v. Sioux Falls Imp. Co.South Dakota Supreme Court · 1897
- State v. SmithSouth Dakota Supreme Court · 1896
3Cited by6 opinions
- Green v. FrickSouth Dakota Supreme Court · 1910
- Northwestern Mortgage Trust Co. v. LevtzowSouth Dakota Supreme Court · 1909
- Clark County v. BergstresserSouth Dakota Supreme Court · 1934
- Philip v. StearnsSouth Dakota Supreme Court · 1905
- Sprague v. LovettSouth Dakota Supreme Court · 1906
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