Legal Opinion

Peter Mintener Lumber Co. v. Janisch

South Dakota Supreme Court

Decided March 21, 1921No. File No. 4805PublishedCited by 8 opinions

Appeal from 'Circuit Court, Beadle County. Hon. Alva E. Taylor, Judge. Action by Peter Mintener Lumber Company, a corporation, against Gustav Janisch and others, to enforce a mechanic’s lien upon a homestead. From a judgment for plaintiff, and from an order denying a new trial, defendant James Valley Bank appeals.

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Appeal from 'Circuit Court, Beadle County. Hon. Alva E. Taylor, Judge. Action by Peter Mintener Lumber Company, a corporation, against Gustav Janisch and others, to enforce a mechanic’s lien upon a homestead. From a judgment for plaintiff, and from an order denying a new trial, defendant James Valley Bank appeals. (i) To point one of the opinion, Respondent Peter Janisch, cited: Keim v. Rand, 37 S. D. 408. (3) To point three, Respondent Peter Mintener Lumber Company cited: Schmoll v. Lucht (Minn.), 118 N. W. 555.

1Opinion of the Court

■SMITH, J.

The following facts appearing in the record are material to a determination of the question- presented on this appeal:

Gustav Janisch was the owner of a quarter section of land in Beadle county, of the approximate value of $14,000, which was used and occupied as a homestead. On August 15, 1917, fot a sufficient consideration, August Janisch executed and delivered to the James Valley Bank a note for $5,000, bearing interest at the rate of 10 per cent, per annum, which was secured by a mortgage duly executed by himself and his wife, on October 3-1, 1917, on their said homestead, which-…

2Cases cited6 opinions

  1. Schmoll v. LuchtSupreme Court of Minnesota · 1908
  2. Behrens v. KruseSupreme Court of Minnesota · 1913
  3. Lindquist v. YoungSupreme Court of Minnesota · 1912
  4. Anderson v. DonahueSupreme Court of Minnesota · 1911
  5. Keim v. RandSouth Dakota Supreme Court · 1916

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

3Cited by8 opinions

  1. Mahalko v. Arctic Trading Co.Washington Supreme Court · 1983
  2. Pfeiffer v. Bormes (In Re Bormes)United States Bankruptcy Court, D. South Dakota · 1981
  3. Robert Burns Lumber Co. v. PetersonSouth Dakota Supreme Court · 1925
  4. Federal Land Bk. of Spokane v. BissonnetteIdaho Supreme Court · 1931
  5. State Highway Commission v. J. H. Beckman Construction Co.South Dakota Supreme Court · 1969

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

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