Bem v. Shoemaker
South Dakota Supreme Court
Appeal from circuit court, Bon Homme county; Hon. F. B. Smith, Judge. Action on an undertaking on appeal. Plaintiffs bad judgment, from which and from an order overruling their motion for a new trial, defendants appeal.
Read the full summary
Appeal from circuit court, Bon Homme county; Hon. F. B. Smith, Judge. Action on an undertaking on appeal. Plaintiffs bad judgment, from which and from an order overruling their motion for a new trial, defendants appeal. The facts are stated in the opinion. < ‘The question as to whether the court will reconsider upon a second appeal what it has formerly decided in the same case must always be addressed to the discretion of the court and be determined according to the peculiar circumstances of each case.” Kempner vs. Huddleston, (Tex.), 37 S. W. 1066; Ewin v. Waggoner, 116 Mo. 143; Bell v.…
1Opinion of the CourtCorson, P. J.
This is an appeal from a judgment entered in favor of plaintiffs for the sum of 86,873.14 upon an undertaking on appeal to this court in the case of Bem v. Bem, reported in 4 S. D. 138, 55 N. W. 1102, executed .by the defendants, except Fred Heiser, as administrator, and in said judgment is the following clause: “It is further ordered and adjudged that the said Fred Heiser, administrator of the estate of Frank Bem, deceased, who has appeared herein, has no right, title or interest in and to this judgment, and is not entitled to the recovery of costs against any of the parties hereto.” The…
2Cases cited7 opinions
- Bate v. . GrahamNew York Court of Appeals · 1854
- Hagan v. WalkerSupreme Court of the United States · 1852
- Tanderup v. HansenSouth Dakota Supreme Court · 1896
- Plymouth County Bank v. GilmanSouth Dakota Supreme Court · 1892
- St. Croix Lumber Co. v. MitchellSouth Dakota Supreme Court · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Stimson v. StimsonNorth Dakota Supreme Court · 1915
- Orr v. SuttonSupreme Court of Minnesota · 1914
- Gamble v. KeyesSouth Dakota Supreme Court · 1925
- Wieber v. EnglandSouth Dakota Supreme Court · 1931
- Cranmer v. KohnSouth Dakota Supreme Court · 1898
4 more not listed; retrieve them via the Exa API.