Martin v. Minnekahta State Bank
South Dakota Supreme Court
Appeal from circuit court, Fall River county. Hon. William Gardner, Judge. Action to recover money deposited in bank. Plaintiff had judgment and defendant appeals. The facts are stated in the opinion. Issues raised by the averment of new matter in the defendant’s second amended answer are material. Dale v. Burleigh, 1 Dak. 218; Jandt.v.
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Appeal from circuit court, Fall River county. Hon. William Gardner, Judge. Action to recover money deposited in bank. Plaintiff had judgment and defendant appeals. The facts are stated in the opinion. Issues raised by the averment of new matter in the defendant’s second amended answer are material. Dale v. Burleigh, 1 Dak. 218; Jandt.v. South, 2 Dak. 46; Gear, Scott & Go. v. Spaulding, 51 N. W. 867; Holt v. Van Epps, 2 Dak. 214. A court has no power to set aside, substitute, or change its findings after judgment upon an ex parte application and without notice. Smith v. Taylor, 23 Pac. 217;…
1Opinion of the Court
Puller,-J.
This' action, which was to recover certain funds deposited with the defendant bank, by and to the credit of plaintiff, on the 14th day of August, 1890, was by stipulation tried to the court, without a jury, and resulted in a judgment in favor of plaintiff and against the defendant, for $1,647.57, including interest, costs and disbursements; and the defendant appeals. The complaint alleges, and the answer admits, that on the 14th day of August, 1890, plaintiff deposited with the defendant bank to his own account $1,428.52, and upon the same day drew a check against said account for…
2Cases cited8 opinions
- Insurance Co. v. BoonSupreme Court of the United States · 1877
- National Bank v. BurkhardtSupreme Court of the United States · 1880
- Hutchings v. CastleCalifornia Supreme Court · 1874
- Williams v. ElyWisconsin Supreme Court · 1860
- Citizens N. Bank v. AlexanderSupreme Court of Pennsylvania · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Emerson v. Pacific Coast & Norway Packing Co.Supreme Court of Minnesota · 1905
- Whitsett v. Peoples National BankMissouri Court of Appeals · 1909
- Naddy v. DietzeSouth Dakota Supreme Court · 1901