Legal Opinion

Hardin v. Graham

South Dakota Supreme Court

Decided November 13, 1916No. File No. 3932PublishedCited by 9 opinions

Appeal from' Circuit 'Court, Lawrence Count}''. Hon. Jamrs McNrnny, Judge. Action by James D. Hardin, against Walter E. Graham and others, for a decree adjudging' plaintiffs’ right to- redeem from a receivers’ sale. Rrom a judgment for -defendants, and from an order díenying a new trial, plaintiff appeals. (i) To point one of the opinion, Appellant cited1: Code Civ.

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Appeal from' Circuit 'Court, Lawrence Count}''. Hon. Jamrs McNrnny, Judge. Action by James D. Hardin, against Walter E. Graham and others, for a decree adjudging' plaintiffs’ right to- redeem from a receivers’ sale. Rrom a judgment for -defendants, and from an order díenying a new trial, plaintiff appeals. (i) To point one of the opinion, Appellant cited1: Code Civ. Brae., Sec. 463. Respondents 'cited: Brown v. Brown, 12 S. D. 382; Gade v. 'Coffins', 8 S. D. 322. (3) To -point three of the opinion, Appellant cited: Code Civ. Proc., Sets. 373-379; Vo!. 17, (2d Ed1.) Ain. & Eng. Enicy. of Laiw,…

1Opinion of the Court

'GATES, J.

[1] This cause was before this court upon preliminary motions anld am opinion was -nen-dered, whi-ch i-s referred to for further particulars, viz., 36 S. D. 525, 155 N. W. 782. Upon the transmission of the record to- the trial court that court declined to- find that the record1 had actually been settled at the time of the hearing -o-f the motion for a new trial. We are therefore of the opinion, that the only portions of the record that are before us and) -that we can 'consider .are such, as- would’ be before us, artd -such- as we co-ul'd consider, bald the appeal been taken so'lel}'…

2Cases cited15 opinions

  1. Hammock v. Loan & Trust Co.Supreme Court of the United States · 1882
  2. Blair v. Illinois Steel Co.Illinois Supreme Court · 1896
  3. National Foundry & Pipe Works, Ltd. v. Oconto Water Co.U.S. Circuit Court for the District of Eastern Wisconsin · 1892
  4. McKenzie v. Bismarck Water Co.North Dakota Supreme Court · 1897
  5. Farmers' Loan & Trust Co. v. Iowa Water Co.U.S. Circuit Court for the Southern District of Iowa · 1897

10 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Keyes v. BaskervilleSouth Dakota Supreme Court · 1919
  2. Newton v. EricksonSouth Dakota Supreme Court · 1950
  3. Pierre & Ft. Pierre Bridge Railway Co. v. StuartSouth Dakota Supreme Court · 1918
  4. Warren v. LincolnSouth Dakota Supreme Court · 1929
  5. Burns v. SpenceSouth Dakota Supreme Court · 1927

4 more not listed; retrieve them via the Exa API.

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