Ramsdell v. Duxberry
South Dakota Supreme Court
Appeal from circuit court, McCook county. Hon. Joseph W. Jones, Judge. Action by H. A. Ramsdell against Hartwell Duxberry. This action was first decided by this court in an opinion-found in 14 S. D. 222, 85 N. W. 221, in which opinion the judgment of the trial court in favor of plaintiff was reversed and a dismissal of the action ordered. This opinion is upon a rer hearing subsequently granted.
1Opinion of the CourtHaney, P. J.
The questions presented by this appeal are stated in our former decision. Ramsdell v. Duxberry, 14 S. D. 222, 85 N. W. 221. The views therein expressed are adhered to, except as to the conclusion that the lower court was without jurisdiction because no summons in the action was actually issued. The court not only had authority to hear and determine the class of controversies to which the one presented by the pleadings belonged, but it had authority to hear and determine that particular controversy, provided the parties to be effected by its judgment had proper notice of the hearing. There was…
2Cases cited1 opinion
- Ramsdell v. DuxberrySouth Dakota Supreme Court · 1901
3Cited by6 opinions
- Bryan v. MillerNorth Dakota Supreme Court · 1944
- Fisher v. BettsNorth Dakota Supreme Court · 1903
- Rogers v. Penobscot Mining Co.South Dakota Supreme Court · 1911
- Robinson v. GloverSouth Dakota Supreme Court · 1932
- Bowler v. First National BankSouth Dakota Supreme Court · 1907
1 more not listed; retrieve them via the Exa API.