Legal Opinion

Kountz v. Kountz

South Dakota Supreme Court

Decided October 2, 1901PublishedCited by 8 opinions

Appeal from circuit court, Bon Homme county. Hon. E. G. Smith, Judge. Suit by William J. Kountz, as executor of the last will of Peninah W. Kountz, deceased, against John T. Kountz and another. From a decree in favor of the defendants, complainant appeals.

1Opinion of the CourtFuller, P. J.

This appeal is from a judgment quieting in the defendant John T. Kountz the title to certain real estate, and from an order thereafter entered overruling a motion for a new trial. *67Upon the authority of Hawkins v. Hubbard, 2 S. D. 631, 51 N. W. 774, and all subsequent cases involving the point, we decline to entertain respondents’ motion to dismiss, based solely on the ground that an appeal from a judgment and from an order denying an application for a new trial, made after the entry of judgment, constitutes a double appeal.

The evidence not being presented, the question whether the facts…

2Cases cited3 opinions

  1. Hawkins v. HubbardSouth Dakota Supreme Court · 1892
  2. Manly v. HowlettCalifornia Supreme Court · 1880
  3. Reese v. CorcoranCalifornia Supreme Court · 1877

3Cited by8 opinions

  1. McVay v. BridgmanSouth Dakota Supreme Court · 1903
  2. Morrison & Skaug v. ConnerySouth Dakota Supreme Court · 1929
  3. Gordon v. KelleySouth Dakota Supreme Court · 1905
  4. Grieves v. DanaherSouth Dakota Supreme Court · 1932
  5. Sucker State Drill Co. v. BrockNorth Dakota Supreme Court · 1908

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