Legal Opinion

Wright v. Sherman

South Dakota Supreme Court

Decided November 1, 1892PublishedCited by 6 opinions

This case was first determined in this court, Sept. 7,1892. The opinion thereon is found in 3 S. D., 290, 52 N. W. 1093. Respondent's attorneys petitioned for a rehearing, which the court in this opinion denies.

1Opinion of the CourtKellam, J.

This case was decided during the April term of this court, and the opinion filed September 7, 1892. It is reported in 52 N. W. Rep. 1093. On the 27th day of October, being more than three weeks after the beginning of a new term, respondent files a petition for a rehearing. The petition must be denied under supreme court rule 24, which requires the petition to be presented, or at least leave granted, during the term at which judgment is entered. This is not an arbitrary rule, but rests upon the general principle that after a term has ended all final judgments of the court pass beyond its…

2Cases cited2 opinions

  1. Brooks v. Railroad Co.Supreme Court of the United States · 1880
  2. Wright v. ShermanSouth Dakota Supreme Court · 1892

3Cited by6 opinions

  1. Bigelow v. DraperNorth Dakota Supreme Court · 1896
  2. Wood v. StateCourt of Criminal Appeals of Oklahoma · 1910
  3. Boettcher v. ThompsonSouth Dakota Supreme Court · 1906
  4. Bahlkow v. PrestonSouth Dakota Supreme Court · 1933
  5. In re Seydel's EstateSouth Dakota Supreme Court · 1900

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