Coughran v. Hollister
South Dakota Supreme Court
Appeal from circuit court Minnehaha county. IIon. Joseph W. Jones, Judge. Action by E. Ah Coughran against W. C. Hollister and another. Judgment for plaintiff, and' defendants appeal.
1Opinion of the CourtFuller, J.
In Coughran v. Sundback, 13 S. D. 115, 82 N. W. 507, 79 Am. St. Rep. 886, the controlling facts are fully stated, and need not be repeated here. As the undertaking made the basis of both that action and this was held insufficient as a statutory bond, though enforceable as a common-law obligation, the legal effect of the instrument is not involved on this appeal by the sureties from a judgment in favor of the plaintiff and an order overruling a motion for a new trial. Over the objection of counsel for appellants, respondent was permitted to introduce the testimony of his attorney in the…
2Cases cited1 opinion
- Coughran v. SundbackSouth Dakota Supreme Court · 1900
3Cited by1 opinion
- Nesvold v. ThompsonNorth Dakota Supreme Court · 1928