Legal Opinion

O'Connor v. McCabe

South Dakota Supreme Court

Decided March 7, 1923No. File No. 5061PublishedCited by 9 opinions

Appeal from Circuit Court, Union County; Hon. John T. Mudin, Judge. Action by J. C. CVConnor and others against John McCabe, wherein defendant cross-complained against plaintiffs. Judgment for defendant, and plaintiffs’ motion for a newi trial denied, and! plaintiffs appeal. Appellant cited: 3rd Wash. R. Prop., Sec. 2156, 6th Ed.; 1 Devlin R. Est., 3rd Ed., Sec. 260a; Tiedman R. Prop., Sec. S14; 'Hopkins R. Prop., Sec. 266; Prutsman v. Baker, 30 Wis.

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Appeal from Circuit Court, Union County; Hon. John T. Mudin, Judge. Action by J. C. CVConnor and others against John McCabe, wherein defendant cross-complained against plaintiffs. Judgment for defendant, and plaintiffs’ motion for a newi trial denied, and! plaintiffs appeal. Appellant cited: 3rd Wash. R. Prop., Sec. 2156, 6th Ed.; 1 Devlin R. Est., 3rd Ed., Sec. 260a; Tiedman R. Prop., Sec. S14; 'Hopkins R. Prop., Sec. 266; Prutsman v. Baker, 30 Wis. (644; Magoffin v. Watros (N1. D-.), 178 N. W. 134; 'Cassicly v. Holland, 27 S. D. 2S7; Williams v. Kidd (Cal.), 151 Pac. 1; 8 R. C. L. Deeds,…

1Opinion of the Court

ANDERSON P. J.

This case has been tried twice; the first trial iix the lower court resulting in findings and judgment for plaintiffs and appellants. From such judgment an appeal was taken to this court, and the judgment of the lower court was reversed and the cause remanded for further proceedings. See 42 S. D. 506, 176 N. W. 43. The case was again tried in the lower court, and resulted in findings and judgment favorable to defendant, McCabe. 'From such judgment another appeal was taken to this court. On this second appeal the appellants’ main contention is that there was no delivery of the…

2Cases cited19 opinions

  1. Williams v. KiddCalifornia Supreme Court · 1915
  2. Bury v. YoungCalifornia Supreme Court · 1893
  3. Smith v. BanghamCalifornia Supreme Court · 1909
  4. Moore v. TrottCalifornia Supreme Court · 1909
  5. White v. WattsSupreme Court of Iowa · 1902

14 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Stalting v. StaltingSouth Dakota Supreme Court · 1927
  2. McGillivray v. WipfSouth Dakota Supreme Court · 1936
  3. Fischer v. GormanSouth Dakota Supreme Court · 1937
  4. Hagan v. PrattSouth Dakota Supreme Court · 1923
  5. Benson v. BensonSouth Dakota Supreme Court · 1934

4 more not listed; retrieve them via the Exa API.

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