First National Bank v. Calkins
South Dakota Supreme Court
’ Appeal from circuit court, Faulk county. Hon. Boring E. Gaffy, Judge. Action in claim and delivery by the First National Bank of Custer City against Israel Calkins. From a judgment for defendant, plaintiff appeals. The facts are stated in the opinion. The court erred in admitting in evidence the judgment roll in the case of Calkins v. Perkins and in not permitting the plaintiff to dispute the findings of alleged facts upon which the decree in that case was based.
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’ Appeal from circuit court, Faulk county. Hon. Boring E. Gaffy, Judge. Action in claim and delivery by the First National Bank of Custer City against Israel Calkins. From a judgment for defendant, plaintiff appeals. The facts are stated in the opinion. The court erred in admitting in evidence the judgment roll in the case of Calkins v. Perkins and in not permitting the plaintiff to dispute the findings of alleged facts upon which the decree in that case was based. Black on Judg. §§ 219, 534, 549, 550; Leitch v. Wells, 48 N. Y. 585; Wakefield v. Van Doon, 73 N. W. 226; Comly v. Dudley, 69 N.…
1Opinion of the CourtCorson, J.
This is an action in claim and delivery. Verdict and judgment for the defendant, and the plaintiff appeals. To fully understand the questions presented, a brief statement of facts will be necessary. In 1891 the defendant, Israel Calkins, was the owner of a band of horses ranging in Custer county and vicinity. Some time during that year he sold and delivi rod the horses to one Levi W. Perkins, and executed to him the usual bill of sale therefor. Ptrkins, at about the time of his purchase, executed notes to the plaintiff bank for $2,600, and to secure the same executed a chattel mortgage on the…
2Cases cited8 opinions
- Etheridge v. SperrySupreme Court of the United States · 1891
- People's Savings Bank v. BatesSupreme Court of the United States · 1887
- First National Bank v. NorthSouth Dakota Supreme Court · 1892
- Black Hills Mercantile Co. v. GardinerSouth Dakota Supreme Court · 1894
- Lane v. StarrSouth Dakota Supreme Court · 1890
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3Cited by5 opinions
- Hollenbeck v. LoudenSouth Dakota Supreme Court · 1915
- First Nat. Bank v. CalkinsSouth Dakota Supreme Court · 1903
- Erickson v. GillSouth Dakota Supreme Court · 1959
- Calkins v. First National Bank of Custer CitySouth Dakota Supreme Court · 1906
- Erickson v. GillSouth Dakota Supreme Court · 1959