Thomson v. Meridian Life. Ins. Co. of Indianapolis
South Dakota Supreme Court
Appeal from Circuit Court, Fall River County. Hon. Levi McGee, Judge. Action by Clara Belle Thomson against the Meridian Life Insurance Company of Indianapolis, Tnd. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. (i) Under point one of the opinion, Appellant cited: Sec. 878, 879, 880, Civ.
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Appeal from Circuit Court, Fall River County. Hon. Levi McGee, Judge. Action by Clara Belle Thomson against the Meridian Life Insurance Company of Indianapolis, Tnd. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. (i) Under point one of the opinion, Appellant cited: Sec. 878, 879, 880, Civ. Code, p. 167; Germantown Trust Company v. Whitney, 19 S. D. 108; Citation 112. (3) Under point three of the opinion, Appellant cited: .Laws 1913, Oh. 178; Code Civ. Proc., Sec. 441; La Penotiere v. Rel-iar, 28 S. D. 469. (5) Under point five of the opinion,…
1Opinion of the CourtWhiting, J.
This action is before us upon an order re*177quiring appellant to- show cause why the settled record heretofore filed herein should) not be stricken from the files, and also why the appeal herein should not be dismissed.
[1,2] Respondent asks that the appeal be dismissed, because the undertaking upon appeal was not executed in the state of South Dakota, and -because such undertaking was' not executed by any person authorized to execute the same on behalf of the corporation named therein as surety. We know of no' provision of our statute that requires the undertaking, when executed by a foreign…
2Cases cited1 opinion
- La Penotiere v. KellarSouth Dakota Supreme Court · 1912
3Cited by4 opinions
- Southwestern Surety Ins. Co. v. DietrichSupreme Court of Oklahoma · 1918
- Haines v. WaiteSouth Dakota Supreme Court · 1932
- Miskovsky v. VrbaSupreme Court of Oklahoma · 1919
- Robinson v. NelsonSouth Dakota Supreme Court · 1925