Kammann v. Barton
South Dakota Supreme Court
Appeal from Circuit Court, Spink County. Hon. CharuJS S-Whiting, Judge. Action by Frederick W. Kammann against Lot Lee Barton and another. Judgment for plaintiff, 'and defendants appeal.
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Appeal from Circuit Court, Spink County. Hon. CharuJS S-Whiting, Judge. Action by Frederick W. Kammann against Lot Lee Barton and another. Judgment for plaintiff, 'and defendants appeal. In order that a judgment shall have the effect claimed, it is not enough that the party produce a record showing a judicial determination of the same question litigated in his favor, but it must .also appear that it was rendered upon the merits upon a material point, and substantially up,on the same facts presented in the subsequent case. Thorn v. DeBreteuil et al., 83 |N. Y. Sup. 865; Shaw v. Broadbenlt, 129…
1Opinion of the CourtMcCOY, J.
This-is an acfion commenced by plaintiff, F. W. Kammann, against the defendants, Lott Lee Barton and H. F. Hunter, to foreclose a real estate mortgage. The complaint is as follows: “Plaintiff alleges: That on June 13, 1889, defendant Lot Lee Barton was indebted to plaintiff in the sum of $237, evidenced by two promissory notes dated March 6, 1889, one for $228, one for $9, both due September 6, 1889, bearing interest at 12 per cent, per annum after maturity, and on June 13, 1889, defendant Barton, to secure said notes, made his mortgage deed, whereby he sold and conveyed to plaintiff the S.…
2Cases cited8 opinions
- McPherson v. SwiftSouth Dakota Supreme Court · 1908
- Searls v. KnappSouth Dakota Supreme Court · 1894
- Dielmann v. Citizens' Nat. Bank of MadisonSouth Dakota Supreme Court · 1896
- Teigen v. DrakeNorth Dakota Supreme Court · 1904
- Selbie v. GrahamSouth Dakota Supreme Court · 1904
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Knutson v. EkrenNorth Dakota Supreme Court · 1942
- Bigelow v. BoothSouth Dakota Supreme Court · 1916
- Edelman v. ScandrettSouth Dakota Supreme Court · 1940
- Kammann v. BartonSouth Dakota Supreme Court · 1910
- Smith v. ShieldsSouth Dakota Supreme Court · 1932