Legal Opinion

Herron v. Allen

South Dakota Supreme Court

Decided October 6, 1913PublishedCited by 3 opinions

Appeal from Circuit Court, Potter County. Hon LoriNG E. Garry, and Hon. J. H. Bottum, Judges. Action by O. E. Herron against Alva M. Allen, to quiet title. From a judgment for plaintiff, and from an order denying a motion for a new trial, defendant appeals.

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Appeal from Circuit Court, Potter County. Hon LoriNG E. Garry, and Hon. J. H. Bottum, Judges. Action by O. E. Herron against Alva M. Allen, to quiet title. From a judgment for plaintiff, and from an order denying a motion for a new trial, defendant appeals. Where the property of the judgment debtor has been sold for less than the amount of the judgment, and redeemed from: such sale by the judgment debtor, the property may again be sold on a second execution issued on the same judgment for the balance due thereon. Seaman v. Galligan et al., 8 S. D. 277. In some states where real estate has…

1Opinion of the Court

WITÍTING, P. J.

Much is being written and spoken, and rightly so, concerning the law’s delay. It seems the fashion to cast the odium therefor upon the courts, and there are undoubtedly cases wherein -the courts — both trial and appellate — have laid themselves open to just criticism. That the blame is not all theirs is well illustrated by the history of the cause now before us, which history is as follows: Action instituted August 8, 1903; issue of fact joined October 3, 1903; trial had March 30, 1905; argued before trial' court June 27, 1906; findings of fact, conclusions of law, and judgment…

2Cases cited6 opinions

  1. Ogle v. KoernerIllinois Supreme Court · 1892
  2. Flanders v. AumackOregon Supreme Court · 1897
  3. Griffith v. Milwaukee Harvester Co.Supreme Court of Iowa · 1894
  4. National Bank v. PetersSupreme Court of Kansas · 1893
  5. Soulard v. Vacuum Oil Co.Supreme Court of Alabama · 1895

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

3Cited by3 opinions

  1. Ross v. StateTennessee Supreme Court · 1914
  2. People in Interest of PNSupreme Court of Colorado · 1983
  3. Rollie v. BethkeNorth Dakota Supreme Court · 1941

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