Legal Opinion

Schmidtgall v. Walshtown Tp.

South Dakota Supreme Court

Decided February 15, 1911PublishedCited by 3 opinions

Appeal from Circuit Court, Yankton County. Hon. R. B. Tripp, Judge. Action by Jacob Schmidtgall and another against the Walsh-town Township’s trustees and others. From an order denying plaintiff’s motion to modify the court’s findings of fact, plaintiffs appeal.

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Appeal from Circuit Court, Yankton County. Hon. R. B. Tripp, Judge. Action by Jacob Schmidtgall and another against the Walsh-town Township’s trustees and others. From an order denying plaintiff’s motion to modify the court’s findings of fact, plaintiffs appeal. Courts of record have power, at any time, as well after as during the term, at which any entry is made, of their own motion or on the suggestion of any party interested, and without notice ■to any one, to correct the mistakes and supply the omissions of their clerks or recording officers, so as to make the record conform to the truth…

1Opinion of the CourtWhiting, J.

This action was brought by taxpayers to restrain the township officers of defendant township from paying the balance claimed to be due to defendant Bruce under a contract made by Bruce, with said township, for surveying of such township and setting corner posts within the boundaries of such township. Certain questions were submitted to a jury, and thereafter the trial court, Lion. E. G. Smith presiding, made and entered its purported findings of fact and conclusions of law in favor of the plaintiff, and, in accordance with such conclusions, rendered a decree therein, said findings,…

2Cases cited7 opinions

  1. Crim v. KessingCalifornia Supreme Court · 1891
  2. Miller v. RoyceIndiana Supreme Court · 1877
  3. Nabers' Adm'r v. MeredithSupreme Court of Alabama · 1880
  4. Walton v. . PearsonSupreme Court of North Carolina · 1881
  5. Breene v. BoothColorado Court of Appeals · 1895

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

3Cited by3 opinions

  1. In re Loevinger's EstateSouth Dakota Supreme Court · 1918
  2. Sinclair Refining Co. v. LarsonSouth Dakota Supreme Court · 1927
  3. Sherman v. GroenewaldSouth Dakota Supreme Court · 1928

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