Legal Opinion

Rhomberg v. Bender

South Dakota Supreme Court

Decided February 14, 1912PublishedCited by 3 opinions

Appeal from Circuit Court, Custer County. Hon. Lrvi McGkU, Judge.' Action by A. L. RTiomberg against Frank Bender. From an order sustaining a demurrer to the complaint, plaintiff appeals.

1Opinion of the CourtHaney, J.

[1] This is an appeal from an order sustaining a demurrer to the complaint, on the ground that it does not state a cause of action. Its allegations are in substance, that Campbell B. and Susannah B. Thomas, the owners of certain described real property, executed a mortgage thereon October 17, 1890, to secure a debt of $400; that a judgment foreclosing the mortgage was entered July 13, 1894; that the mortgage, judgment, and all rights of the mortgagee and judgment creditor have been assigned to the plaintiff, who is now the owner and holder thereof; that no sale under the judgment has taken…

2Cases cited5 opinions

  1. Green v. FrickSouth Dakota Supreme Court · 1910
  2. Gibson v. PekarekSouth Dakota Supreme Court · 1911
  3. Gibson v. PekarekSouth Dakota Supreme Court · 1910
  4. Battelle v. WolvenSouth Dakota Supreme Court · 1905
  5. Huntington v. MeyerWisconsin Supreme Court · 1896

3Cited by3 opinions

  1. Newton v. McGeeSouth Dakota Supreme Court · 1913
  2. City of Cut Bank v. Clapper Motor Co.Montana Supreme Court · 1947
  3. In re BunkeUnited States Bankruptcy Court, D. South Dakota · 1994

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