Legal Opinion

First Nat. Bank v. Miller

South Dakota Supreme Court

Decided November 15, 1911PublishedCited by 2 opinions

Appeal from Circuit Court, Roberts County; Hon. J. II Bottum, Judge. Action in claim and delivery by the First National Bank of Wheaton, Minn., against Rudolph Miller and others. Judgment for defendants, and plaintiff appeals.

1Opinion of the CourtCorson, J.

This is an action in claim and delivery, and, the judgment being in favor of the defendants, the plaintiff has appealed. The complaint is in the usual form to recover the possession- of a threshing rig, engine, etc., and the property is alleged in the complaint to be of the value of $1,000. In his answer the defendant Rudolph' Miller denied all the allegations of the complaint, except the incorporation of the plaintiff, and alleged that the defendant Alda M. Miller was the owner and in possession of the said property, and that the only connection that he had with the said property was as the…

2Cases cited3 opinions

  1. Park v. RobinsonSouth Dakota Supreme Court · 1902
  2. Alpers v. SchamMelCalifornia Supreme Court · 1888
  3. First Nat. Bank v. CalkinsSouth Dakota Supreme Court · 1903

3Cited by2 opinions

  1. Simons v. KiddSouth Dakota Supreme Court · 1950
  2. Cannon v. MerchenSouth Dakota Supreme Court · 1929

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