Bernardy v. Colonial & United States Mortg. Co.
South Dakota Supreme Court
Appeal from Circuit Court, Kingsbury County. Hon. Citas. S. Whiting, Judge. Action by William Bernardy against the Colonial & United States Mortgage Company, Limited. From a judgment in favor of plaintiff, defendant appeals.
1Opinion of the CourtCorson, J.
This is an appeal by the defendant from the judgment and order denying a new trial. This case was before us at a former term of this court, and the judgment of the lower court was reversed, and the case is reported in 17 S. D. 637, 98 N. W. 166.
As stated in the opinion of the court on that appeal, the case was tried in the court below upon an agreed statement of facts; those deemed material being set forth in the opinion. On the re-mittitur going down, the case was retried, andx in addition to the statement of facts used on the former trial, evidence was introduced on the part of the…
2Cases cited2 opinions
- Bernardy v. Colonial & United States Mortgage Co.South Dakota Supreme Court · 1904
- Consolidated Republican Mountain Min. Co. v. Lebanon Min. Co.Supreme Court of Colorado · 1886
3Cited by2 opinions
- Simonson v. MonsonSouth Dakota Supreme Court · 1908
- Stotts v. SwallowSouth Dakota Supreme Court · 1944