Goldberg v. Sisseton Loan & Title Co.
South Dakota Supreme Court
xAppeal from Circuit Court, Roberts County. Hon. J. H. McCoy, Judge. Action by Gilbert Goldberg and another against the Sisseton Loan & Title Company and others. Judgment for plaintiffs. Defendants appeal. Judgments and decrees are conclusive only as between parties and privies to. the ligitation.
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xAppeal from Circuit Court, Roberts County. Hon. J. H. McCoy, Judge. Action by Gilbert Goldberg and another against the Sisseton Loan & Title Company and others. Judgment for plaintiffs. Defendants appeal. Judgments and decrees are conclusive only as between parties and privies to. the ligitation. Grace v. Ballou, 4 S. D. 333; Black on Judgments, Vol. 2, § 534. To bind a party by a judgment through a nominal plaintiff such must have control of the litigation and be in position at least to present any and all matters of law and fact to the court that would in any way aid it in establishing the…
1Opinion of the CourtCorson, J.
This case comes before us on an appeal by the defendants from a judgment in favor of the plaintiffs, and from the order denying a new trial. The pleadings, findings, and specifications of errors are very voluminous, and the material points involved in the case will -sufficiently appear from a summary of the facts.
It is disclosed by the record that the defendant the Sisseton Loan & Title Company is a corporation, and the other three defendants were officers of the corporation and sureties on a bond executed by the corporation, as required by law. The plaintiffs, in July, 1904, were…
2Cases cited37 opinions
- Robbins v. Chicago CitySupreme Court of the United States · 1867
- Chicago City v. RobbinsSupreme Court of the United States · 1863
- City of Brooklyn v. . Brooklyn City R.R. Co.New York Court of Appeals · 1872
- Rowell v. SmithWisconsin Supreme Court · 1905
- Fort Scott v. HickmanSupreme Court of the United States · 1884
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3Cited by22 opinions
- Mayhew, Huston v. DEISTERIndiana Court of Appeals · 1969
- State v. BickfordNorth Dakota Supreme Court · 1913
- Muhlenkort v. Union County Land TrustSouth Dakota Supreme Court · 1995
- Mayrose v. FendrichSouth Dakota Supreme Court · 1984
- Keyes v. BaskervilleSouth Dakota Supreme Court · 1919
17 more not listed; retrieve them via the Exa API.