Brown v. Hollister
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. .Hon. Joseph W. Jones, Judge. Action by Margaret Grace Brown against Mary B. Hollister. From a judgment for plaintiff, defendant appeals. The judgment in the former case is a bar to every matter which the plaintiff had an opportunity to' present and might have had adjudicated therein, whether actually presented and solved or not, and is conclusive upon any question within the issues actually presented.
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Appeal from Circuit Court, Minnehaha County. .Hon. Joseph W. Jones, Judge. Action by Margaret Grace Brown against Mary B. Hollister. From a judgment for plaintiff, defendant appeals. The judgment in the former case is a bar to every matter which the plaintiff had an opportunity to' present and might have had adjudicated therein, whether actually presented and solved or not, and is conclusive upon any question within the issues actually presented. Remilliard v. Authier, 20 S. D., 105 N. W. 626; Rowell v. Smith (Wis.) 102 N. W. 1; First Nat. Bank v. Gibson (Neb) 104 N. W. 174; Bingham v.…
1Opinion of the CourtCorson, J.
The principal question presented on this appeal is whether a judgment in a former action between the parties es-topped the plaintiff from recovering in this action. This action was tried by the court without a jury; and, findings and judgment, being in favor of the plaintiff, the 'defendant has appealed.
It is disclosed by the record that the defendant conveyed to the plaintiff certain property in the city of Sioux Falls by what plaintiff claimed was intended to be a warranty deed, and that at the time of said conveyance there was an out-standing tax deed against the property issued by the…
2Cases cited2 opinions
- Pitts v. OliverSouth Dakota Supreme Court · 1900
- Noyes v. BeldingSouth Dakota Supreme Court · 1895
3Cited by1 opinion
- Ramsey Twp. v. Lake CountySouth Dakota Supreme Court · 1941