Building & Loan Ass'n v. Chamberlain
South Dakota Supreme Court
Appeal from circuit court, Potter county. Hon. H. G-. Fuller, Judge. Action by the Building and Loan Association of Dakota against Albert E. Chamberlain, Kate V. Chamberlain and J. R. Hughes. .From a judgment overruling his demurrer to the complaint, defendant Albert E. Chamberlain appeals.
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Appeal from circuit court, Potter county. Hon. H. G-. Fuller, Judge. Action by the Building and Loan Association of Dakota against Albert E. Chamberlain, Kate V. Chamberlain and J. R. Hughes. .From a judgment overruling his demurrer to the complaint, defendant Albert E. Chamberlain appeals. The facts are stated in the opinion; The legislature of the territory of Dakota had no power to pass the act of March 13, 1885, and the act amendatory thereto of March. 11, 1887, relating to building and loan associations. The legislature had only such powers and authority to legislate only upon such…
1Opinion of the Court
Bennett, P.. J.
This was an action brought by the respondent in the court below upon a contract for the payment of money, executed by the defendant, Albert E. Chamberlain, and to foreclose a mortgage upon real estate, which was given by him to secure the payment of said money.
The Building and Loan Association of Dakota is a corporation organized under the provisions of ‘ ‘An act to provide for the incorporation and regulation of building and loan associations,” passed by the territorial legislature of Dakota, and approved March 18, 1885, and an act amendatory thereof, approved March 11, 1887.…
2Cases cited9 opinions
- Board of Commissioners v. ShieldsSupreme Court of Missouri · 1876
- Smith v. SheeleySupreme Court of the United States · 1871
- Mok v. Detroit Building & Savings Ass'n No. 4Michigan Supreme Court · 1875
- Fresno Canal & Irrigation Co. v. WarnerCalifornia Supreme Court · 1887
- McCarthy v. LavascheIllinois Supreme Court · 1878
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3Cited by7 opinions
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- Marshall-Wells Co. v. KramlichIdaho Supreme Court · 1928
- Deitch v. StaubCourt of Appeals for the Sixth Circuit · 1902
- Shugart v. MaytagSupreme Court of Iowa · 1920
- Beach v. Co-operative Savings & Loan Ass'nSouth Dakota Supreme Court · 1898
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