State v. Davis
South Dakota Supreme Court
Appeal from circuit court, Marshall county. Hon. A. W. Campbell, Judge. Action by the state against David. Davis and Charles F. Schnepf, upon a forfeited undertaking in a criminal proceeding. From an order overruling a motion to set aside the satisfaction of a judgment obtained on the forfeited undertaking the state appeals. The facts are stated in the opinioh. The board of county commissioners had no power to settle or compromise the judgment. Commissioners v. Barnes 30 Am.
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Appeal from circuit court, Marshall county. Hon. A. W. Campbell, Judge. Action by the state against David. Davis and Charles F. Schnepf, upon a forfeited undertaking in a criminal proceeding. From an order overruling a motion to set aside the satisfaction of a judgment obtained on the forfeited undertaking the state appeals. The facts are stated in the opinioh. The board of county commissioners had no power to settle or compromise the judgment. Commissioners v. Barnes 30 Am. Corp. Cases 403; Stewart v. Oboe County 2 Neb 177; Railroad v. Washington Co. 3 Neb. 42; McCan v. Otoe Co. 9 Neb. 324;…
1Opinion of the CourtFuller, J.
This appeal is from an order of the circuit court overruling a motion made by the state’s attorney of Marshall county to set aside the satisfaction of a judgment of $300,' obtained upon a forfeited undertaking in a criminal proceeding, and which the board of county commissioners compromised upon the payment of $100. On a question of practice, an appeal by the judgment debtor had been dismissed from this court, and steps were being taken to perfect a second appeal when the settlement was effected, which, it is claimed, was for the best interests of-the county, and after reputable counsel had…
2Cases cited10 opinions
- People ex rel. Central Pacific Railroad v. Board of SupervisorsCalifornia Supreme Court · 1865
- Agnew v. BrallIllinois Supreme Court · 1888
- President & Trustees of the Town v. MappinIllinois Supreme Court · 1852
- Clay v. HoysradtSupreme Court of Kansas · 1871
- Collins v. WelchSupreme Court of Iowa · 1882
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3Cited by15 opinions
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- Hauck v. BullSouth Dakota Supreme Court · 1961
- Shipp Ex Rel. Fayette County v. RodesCourt of Appeals of Kentucky (pre-1976) · 1927
- South Dakota Employers Protective Ass'n v. PoageSouth Dakota Supreme Court · 1937
- Multnomah County v. Title Guarantee Co.Oregon Supreme Court · 1905
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