Crocker v. Cumberland Mining & Milling Co.
South Dakota Supreme Court
Appeal from Circuit -Court, Pennington County. Hon. Lnivi McGee, Judge. Action by Frank C. Crocker against the Cumberland Mining & Milling Company. From a judgment for defendant and from an order denying a new trial, plaintiff appeals.
Read the full summary
Appeal from Circuit -Court, Pennington County. Hon. Lnivi McGee, Judge. Action by Frank C. Crocker against the Cumberland Mining & Milling Company. From a judgment for defendant and from an order denying a new trial, plaintiff appeals. The court erred in making and entering findings of fact and conclusions of law; and entering judgment without the said findings having been served on plaintiff, and without plaintiff’s knowledge; or giving plaintiff an opportunity to be present, or to be heard at the time of making said findings and entering said judgment. (Transcript, page 359.) Section 279,…
1Opinion of the CourtWhiting, J.
This- action was 'brought to recover sums claimed to be due for services rendered defendant by plaintiff during a term of several years, during which time plaintiff was; the president and general manager of defendant. Plaintiff obtained a judgment by default against the defendant, which .judgment was afterwards opened up and the defendant allowed to answer herein. Such answer denied the express contract set forth by the plaintiff, and denied generally and specifically the claims of plaintiff to the amounts claimed under plaintiff’s several causes of action, and, by way of affirmative defense,…
2Cases cited15 opinions
- Miner v. Belle Isle Ice Co.Michigan Supreme Court · 1893
- Wickersham v. CrittendenCalifornia Supreme Court · 1892
- McNulta v. Corn Belt BankIllinois Supreme Court · 1896
- President & Trustees v. San Diego & Los Angeles RailroadCalifornia Supreme Court · 1872
- Old Dominion Copper Mining & Smelting Co. v. BigelowMassachusetts Supreme Judicial Court · 1905
10 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Fields v. Victor Building & Loan Co.Supreme Court of Oklahoma · 1918
- Bosworth v. HagertySouth Dakota Supreme Court · 1959
- Newcomer v. Mountain Springs Ice & Cold Storage Co.South Dakota Supreme Court · 1934