Bem v. Shoemaker
South Dakota Supreme Court
Appeal from circuit court, Hutchinson county. Hon. E. G, Smith, Judge. Action on undertaking on appeal. Defendants had judgment and plaintiffs appeal. The facts are stated in the opinion. The statutory undertaking on appeal is not required to run to any designated person. Ins.
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Appeal from circuit court, Hutchinson county. Hon. E. G, Smith, Judge. Action on undertaking on appeal. Defendants had judgment and plaintiffs appeal. The facts are stated in the opinion. The statutory undertaking on appeal is not required to run to any designated person. Ins. Go. v. Park, 37 Wis. 133. A debt due from an administrator to an estate is considered in law as having already been paid to himself ás administrator, for the use of the estate, and he is compelled to account for it to^ the probate court. Probate L. & P. H. & D. 177; Kuster v. Peirson, 27 la. 90; Saroy v. Sypher, 39 la.…
1Opinion of the CourtKellam, J.
This is an action on an undertaking on appeal to this court. A few explanatory words will help to an understanding of the situation. Appellants, as the heirs of Frank Bem, deceased, formerly brought an action in the circuit court, in Hutchinson county, against Emilie Bem, now Emilie Shoemaker, one of the respondents in this case, with whom was impleaded Fred Heiser, administrator of the estate of said Frank Bem, deceased, and now also one of the respondents in this case, for the purpose of having certain property, real and personal, standing in the name of and claimed by said Emilie Bem, now…
2Cases cited10 opinions
- Trent v. RhombergTexas Supreme Court · 1886
- Northwestern Mutual Life Insurance v. Park Hotel Co.Wisconsin Supreme Court · 1875
- Hudson v. ArcherSouth Dakota Supreme Court · 1893
- Rothgerber v. WonderlyIllinois Supreme Court · 1872
- Bem v. BemSouth Dakota Supreme Court · 1893
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3Cited by4 opinions
- Rector v. Massachusetts Bonding & Ins. CoCourt of Appeals for the D.C. Circuit · 1951
- Bush v. LienSouth Dakota Supreme Court · 1929
- Sixta v. HeiserSouth Dakota Supreme Court · 1901
- Ballard v. Western Surety Co.South Dakota Supreme Court · 1926