Crouch v. Dakota, W. & M. R. R.
South Dakota Supreme Court
Appeal from circuit court, Pennington county; Hon. Levi McGee, Judge. Action by Charles D. Crouch and another as trustees, etc., against the Dakota, Wyoming & Missouri River Railroad Company and others, in which Frederick P. Read intervened. From a judgment in favor of plaintiffs, defendant corporation and defendants Muhlke and Coad appeal.
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Appeal from circuit court, Pennington county; Hon. Levi McGee, Judge. Action by Charles D. Crouch and another as trustees, etc., against the Dakota, Wyoming & Missouri River Railroad Company and others, in which Frederick P. Read intervened. From a judgment in favor of plaintiffs, defendant corporation and defendants Muhlke and Coad appeal. Where a statute provides for a special judge, in case the regular judge cannot properly ■ preside, “for any reason,” the quoted words are not to be confined to instances of interest, kinship, or relations in counsel, but apply to cases of prejudice or any…
1Opinion of the CourtHaney, J.
As indicated by the prayer of the complaint, this action was instituted to confirm plaintiff’s title to certain railroad property, determine adverse claims thereto, have a receiver appointed, a sale ordered, and disposition of the funds arising from such sale decreed. The cause was tried without a jury. A decision favorable to the plaintiffs was rendered, and certain of the defendants appealed from the judgment alone. As the sufficiency of the evidence to sustain the findings of fact which correspond with the allegations of the complaint cannot be challenged on this appeal, the only questions…
2Cases cited13 opinions
- Catterlin v. ArmstrongIndiana Supreme Court · 1885
- American Insurance v. GibsonIndiana Supreme Court · 1885
- Bresnahan v. BresnahanWisconsin Supreme Court · 1879
- Jefferson v. ColemanIndiana Supreme Court · 1887
- Shirk v. AndrewsIndiana Supreme Court · 1884
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3Cited by7 opinions
- Brace v. Gauger-Korsmo Const. Co.Court of Appeals for the Eighth Circuit · 1929
- McKinnon v. FullerSouth Dakota Supreme Court · 1914
- St. Paul Trust & Savings Bank v. OlsonNorth Dakota Supreme Court · 1924
- Langeberg v. PerrySouth Dakota Supreme Court · 1934
- Co-Operative Lumber Co. of Hecla v. TreebySouth Dakota Supreme Court · 1929
2 more not listed; retrieve them via the Exa API.