Lindsay v. Pettigrew
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Prank R. Aikens, Judge. This case was first decided by this ■ court in an opinion found in 5 S. D. 500, 59 N. W. 726, in which opinion the judgment of the trial court in favor of the defendant was reversed.
1Opinion of the CourtKellam, J.
This is an application by respondent for a rehearing. The opinion of the court, with a statement of the case, is published in 5 S. D. 500, 59 N. W. 726. If we thought this opinion could be so read or interpreted as to teach the doctrine that respondent’s counsel draws from it, we should readily grant a rehearing, or, more likely, review it on -our own motion. Upon the question of practice referred to, we understand the ojunion to declare simply this: That where, to entitle a plaintiff to recover, it is necessary for him to plead and show his ownership of property upon a certain day, and he…
2Cases cited2 opinions
- Lindsay v. PettigrewSouth Dakota Supreme Court · 1894
- Warder, Bushnell & Glessner Co. v. IngliSouth Dakota Supreme Court · 1890
3Cited by3 opinions
- George v. KotanSouth Dakota Supreme Court · 1904
- Lindsay v. PettigrewSouth Dakota Supreme Court · 1897
- Merrill v. Minneapolis & St. L. Ry. Co.South Dakota Supreme Court · 1910