Thurber v. Miller
South Dakota Supreme Court
The additional facts are stated in the opinion. Appeal from circuit court, Eawrence county, Hon. A. J. Plowman, Judge. This case was first decided by this court in an opinion reported in 11 S. D. 124, 75 N. W. 900. In that opinion the judgment of the trial court in favor of the defendants was affirmed. A rehearing was subsequently granted. This opinion is upon the rehearing.
1Opinion of the CourtCorson, J.
This case comes before us on reargument, a petition for rehearing having been granted on application of the appellant. The former decision is reported in 11 S. D. 124, 75 N. W. 900. Plaintiff claims in his petition for rehearing that the court failed to pass upon his first assignment of error, viz: that the lower court erred in reserving its decision upon the respondents’ objection to the introduction in evidence of proof that plaintiff’s claim was presented to the executors of the Miller estate. It will be sufficient, in addition to the statement of facts contained in the former opinion, to…
2Cases cited2 opinions
- Sharp v. LumleyCalifornia Supreme Court · 1868
- Thurber v. MillerSouth Dakota Supreme Court · 1898
3Cited by4 opinions
- Matter of Estate of BachandSouth Dakota Supreme Court · 1981
- Hagin v. DeGeestSouth Dakota Supreme Court · 1971
- Estate of Le Clerc, Superior Court of California, County of San Francisco1887
- Swanson v. WigenNorth Dakota Supreme Court · 1936