Legal Opinion

Stakke v. Chapman

South Dakota Supreme Court

Decided June 20, 1900PublishedCited by 5 opinions

Appeal from circuit court, Jerauld county. Hon. Frank JB. Smith, Judge. Action by K. O. Stakke and another against George T. Chapman on certain notes. From a judgment in favor of plaintiffs and an order refusing to satisfy the judgment on the payment of the principal without a payment of the costs, the defendant appeals. The facts are stated in the opinion.

1Opinion of the CourtCorson, J.

This action, in which a warrant of attachment was issued, was commenced in a justice’s court to recover the balance due upon cex-tain promissory notes, and the judgment in that court was in favor of the plaintiffs for the amount due and for the defendant for the costs of the action. The plaintiffs appealed to the circuit court, and the judgment in that court was in favor of the plaintiffs, not only for the balance due on the notes, but for the costs of the action.' From the latter judgment the defendant has appealed to this court. The principal question presented by the record is, was a…

2Cases cited3 opinions

  1. Bakeman v. PoolerNew York Supreme Court · 1836
  2. Englander v. RogersCalifornia Supreme Court · 1871
  3. Strong v. BlakeNew York Supreme Court · 1865

3Cited by5 opinions

  1. Doughtry v. HydeSouth Dakota Supreme Court · 1926
  2. Smith v. EganSouth Dakota Supreme Court · 1914
  3. Equipment Service Professionals v. DenowhSouth Dakota Supreme Court · 2005
  4. Mathewson v. FredrichSouth Dakota Supreme Court · 1905
  5. Nelson v. Turner County BankSouth Dakota Supreme Court · 1930

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