Kent v. Dakota Fire & Marine Insurance
South Dakota Supreme Court
Appeal from circuit court, Davison county. Hon D. Haney, Judge. Action by Caroline B. Kent against Dakota Fire and Marine Insurance Company to recover on an insurance policy. Judgment for plaintiff. Defendant appeals. The facts are fully stated in the opinion.
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Appeal from circuit court, Davison county. Hon D. Haney, Judge. Action by Caroline B. Kent against Dakota Fire and Marine Insurance Company to recover on an insurance policy. Judgment for plaintiff. Defendant appeals. The facts are fully stated in the opinion. Without an order of reference the referee had no jurisdiction to hear the evidence, find the facts therefrom and conclusions of law thereon, or report the same. §§ 1 and 2, Chap. 112, Laws of 1889; Litchfield v. Burwell, et al., 5 How. Pr. 341; Stone v. Merrill, 43 Wis. 72; 3 Waits Pr. 256; 31 Barb. 106. Appearance of the parties before…
1Opinion of the CourtCorson, J.
This was an action on an insurance policy. The case was tried by a referee, who reported the facts in favor of the plaintiff, upon which judgment was entered. Defendant appeals. Exceptions were filed to the report of the referee in the court below, but, on motion for judgment, the report was confirmed by an order, the material part of which is as follows: ‘ ‘It is ordered that the report of the referee herein be, and the same is, in all things confirmed; and the following findings of fact are hereby made the findings of the court to the same extent and as fully as if the same was separately…
Also in this document: Concurrence.
2Cases cited12 opinions
- Caruthers v. HensleyCalifornia Supreme Court · 1891
- Bissell v. . PearceNew York Court of Appeals · 1863
- Holmes v. CampbellSupreme Court of Minnesota · 1867
- Williams v. McGradeSupreme Court of Minnesota · 1868
- Board of Supervisors v. EhlersWisconsin Supreme Court · 1878
7 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Dwyer v. ChristensenSouth Dakota Supreme Court · 1958
- Melby v. AndersonSouth Dakota Supreme Court · 1936
- Tribal Development Co. v. White Bros.Supreme Court of Oklahoma · 1911
- Tanderup v. HansenSouth Dakota Supreme Court · 1896
- Merrill v. LuceSouth Dakota Supreme Court · 1894
12 more not listed; retrieve them via the Exa API.