Rice v. Bennett
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Hon. Josiii’i-i W. Jonds, Judge. Action by Hiram Rice against Irving Bennett, upon three foreign judgments, assigned to plaintiff. From an order directing verdict for defendant, and from a judgment dismissing the complaint on the merits, plaintiff appeals.
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Appeal from Circuit Court, Minnehaha County. Hon. Josiii’i-i W. Jonds, Judge. Action by Hiram Rice against Irving Bennett, upon three foreign judgments, assigned to plaintiff. From an order directing verdict for defendant, and from a judgment dismissing the complaint on the merits, plaintiff appeals. Evidentl}' the letter of Mr. Bennett of August 20th to Mr. Spear being Exhibit 13, was a mere subterfuge, or after-thought, occasioned by the fact that Mr. Vail, the attorney, for the plaintiff herein, 'had visited Mr. Bennett at Sioux Falls, in the effort to collect the three judgments, shortly…
1Opinion of the CourtSmith, J.
Appeal from circuit court of Minnehaha county. The plaintiff, Rice, as assignee of three judgments, rendered in the district court of Nance county, Neb., commenced an action against Bennett, defendant and respondent, to recover sums aggregating $2,180.11, with interest from February 26, 1906, the date of the judgments in the Nebraska court. The answer was a general denial, and further alleged that defendant had never been served with process in the actions in Nance county, and had never voluntarily appeared therein. Trial April 25, 1911, before a jury. At the conclusion of all the evidence,…
2Cases cited22 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Christmas v. RussellSupreme Court of the United States · 1866
- Ferguson v. . CrawfordNew York Court of Appeals · 1877
- Kerr v. . KerrNew York Court of Appeals · 1869
- Hall v. LanningSupreme Court of the United States · 1875
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