Mississippi Lumber & Coal Co. v. Kelly
South Dakota Supreme Court
Appeal from circuit court, Brown county; Hon. J. H. McCoy, Judge. Action by the Mississippi Lumber & Coal Company against James Kelly. From a judgment in favor of defendant, plaintiff appeals.
1Opinion of the Court
• Corson, P. J.
This was an action upon a promissory .note, the signature and execution of which was denied by the defendant. The verdict and judgment being in favor of- the defendant, the plaintiff has appealed.
It appears from the record in the case that the note purported to have been witnessed by two persons, and on the trial the evidence of one witness, taken by deposition, was read before the jury, but no evidence was offered by the other witness, and no evidence was offered explaining his absence. The appellant also, to prove the genuineness of the signature of the respondent, called the…
2Cases cited8 opinions
- Welton v. MissouriSupreme Court of the United States · 1876
- Moore v. United StatesSupreme Court of the United States · 1876
- State v. ColemanSouth Dakota Supreme Court · 1904
- State v. ThompsonSupreme Judicial Court of Maine · 1888
- Tucker v. KelloggUtah Supreme Court · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State v. LyleSupreme Court of South Carolina · 1923
- State v. GummerNorth Dakota Supreme Court · 1924
- Cochrane v. National Elevator Co.North Dakota Supreme Court · 1910
- Corsica State Bank v. HeezenSouth Dakota Supreme Court · 1928
- State v. BrassfieldIdaho Supreme Court · 1921
2 more not listed; retrieve them via the Exa API.