Kirby v. Crisp
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge. Action by Joe Kirby against W. J. Crisp. The Sioux Falls Savings Bank filed a complaint of intervention, and from an order overruling a demurrer to such complaint the plaintiff appeals.
1Opinion of the CourtFuller, P. J.
In this action to recover the possession of certain securities deposited by the intervenor, the Sioux Falls Savings Bank with the defendant, W. J. Crisp, as clerk of the circuit court, a demurrer to the complaint in intervention was overruled, and plaintiff appeals. The note and mortgage and the certificates of bank stock which plaintiff seeks to recover, constitute the identical property deposited, under a mistake of law, by the intervening bank with the *34defendant, Crisp, as clerk of the circuit court, and the facts contained in this complaint in intervention are so fully stated in Lien v.…
2Cases cited2 opinions
- Lien v. Sioux Falls Savings BankSouth Dakota Supreme Court · 1900
- Sioux Falls Saving Bank v. LienSouth Dakota Supreme Court · 1901