Legal Opinion

Miller v. Berry

South Dakota Supreme Court

Decided July 12, 1905PublishedCited by 6 opinions

Appeal from circuit court, Hand countv; H >n. L >ring E. Gaffy, Judge- Action by William Miller against Franklin J Berry and another (Mary Kunz intervener) From a judgment in favor of plaintiff, intervener appeals.

1Opinion of the CourtCorson, P. J.

This is an appeal by Mary Kunz, inter-vener, from a judgment and. order denying anew trial in favor of the plaintiff, William Miller. .The action was commenced by the plaintiff to foreclose a mortgage executed by the defendant Berry, and D. Rüotnberg, was made defendant, as claiming some interest in the property. Mary Kunz, the inter-vener and appellant, claims the property by virtue of an assignment made to her of the mortgage executed by Berry, and an indorsement of the note which the mortgage was given to secure, made by the defendant Rhomberg as a partner in the firm of Walker & Rhomberg,…

2Cases cited11 opinions

  1. Merritt v. . BartholickNew York Court of Appeals · 1867
  2. Wilson v. TroupCourt for the Trial of Impeachments and Correction of Errors · 1823
  3. Ladue v. Detroit & Milwaukee RailroadMichigan Supreme Court · 1865
  4. Jackson ex dem. Barclay v. BlodgetNew York Supreme Court · 1825
  5. Whipple v. FowlerNebraska Supreme Court · 1894

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3Cited by6 opinions

  1. Hill v. FavourArizona Supreme Court · 1938
  2. Barbour v. FinkeSouth Dakota Supreme Court · 1924
  3. Emerson-Brantingham Implement Co. v. AinslieSouth Dakota Supreme Court · 1917
  4. Schleuter Co., Inc. v. SevignySouth Dakota Supreme Court · 1997
  5. Walworth County State Bank v. TaylorSouth Dakota Supreme Court · 1929

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