Lounsberry v. Kelly
South Dakota Supreme Court
Appeal from 'Circuit Court, Codington County. Hon. Carr G. Sherwood, Judge. Action by Samuel N. Lounsberry and another against EJ. Kelly, for specific performance. From a judgment for plaintiff, affirmed on a prior appeal therefrom and from an order denying a new trial, and from an order denying a motion to vacate said judgment after determination of first appeal, defendant appeals. Upon motion to dismiss the present appeal.
Read the full summary
Appeal from 'Circuit Court, Codington County. Hon. Carr G. Sherwood, Judge. Action by Samuel N. Lounsberry and another against EJ. Kelly, for specific performance. From a judgment for plaintiff, affirmed on a prior appeal therefrom and from an order denying a new trial, and from an order denying a motion to vacate said judgment after determination of first appeal, defendant appeals. Upon motion to dismiss the present appeal. Appellant has intentionally waived his right to now raise the question of the absence of findings and his motion to set aside the judgment comes toó late. This Court…
1Opinion of the Court
. GATES, J.
This case was decided by this court in an opinion appearing in 32 S. D. 142, 142 N. W. 180. A supplemental brief by appellant filed after the cause bad been assigned to the judge who wrote the opinion was then inadvertently overlooked. That opinion was based upon two propositions; (1) that the record did not contain material sufficient to authorize this court to pass upon the instructions given and refused; (2) that this was an equity action and the verdict of the jury was merely advisory to the trial court. The second proposition was one that was raised by this court. Both parties…
2Cases cited8 opinions
- Lounsberry v. KellySouth Dakota Supreme Court · 1913
- Ean v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1898
- Richter v. Estate of LeibyWisconsin Supreme Court · 1900
- Heinlen v. BeansCalifornia Supreme Court · 1887
- Tilleny v. WolvertonSupreme Court of Minnesota · 1893
3 more not listed; retrieve them via the Exa API.