Legal Opinion

Cooper v. Henry

South Dakota Supreme Court

Decided April 23, 1913PublishedCited by 1 opinion

Appeal from Circuit Court, Pennington County. Hon. Revi McGee,, Judge. Action by O. R. Cooper against John B. Henry, Charles G. Juliand, and others. From a judgment for plaintiff on the merits, after a default judgment had been entered and not formally, but in effect, set aside, and from an order denying' a new trial, the defendants named appeal.

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Appeal from Circuit Court, Pennington County. Hon. Revi McGee,, Judge. Action by O. R. Cooper against John B. Henry, Charles G. Juliand, and others. From a judgment for plaintiff on the merits, after a default judgment had been entered and not formally, but in effect, set aside, and from an order denying' a new trial, the defendants named appeal. The court erred in overruling the objections df the answering defendants to the plaintiff’s offer in evidence of the original judgment roll in this case. Clifford v. Hyde County, 24 S. D. 237; A'bs. 86-105; 339-436; 526-527. The original judgment by…

1Opinion of the CourtWhiting, P. J.

Plaintiff, the owner and holder of two tax sale certificates issued upon judgment and sale bad under and by virtue of chapter 51, Laws 1901, known as the “Scavenger Tax Law,” claiming that his title had become perfected through the expiration of the period for redemption, brought this action to quiet his title in and to the land covered by such certificate. Among the parties made defendants in said action were Emmett *371E. Beatty and Charles G. Juliand, the. owners of the fee title to said land, unless their title had been cut off by the certificates held by plaintiff. These defendants being…

2Cases cited4 opinions

  1. Gray v. LawlorCalifornia Supreme Court · 1907
  2. Thomas v. McGuinnessAppellate Court of Illinois · 1901
  3. Sandys v. RobinsonSouth Dakota Supreme Court · 1910
  4. Watson v. HarrisTexas Supreme Court · 1885

3Cited by1 opinion

  1. Boshart v. National Benefit Ass'nSouth Dakota Supreme Court · 1937

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