Holbert v. Parish
South Dakota Supreme Court
Appeal from Circuit Court, Gregory 'County. Hon. William WilliamsoN, Judge. Action by Fanny Hol'bert, against Hart Parrish. From an order refusing- to vacate a judgment for plaintiff, defendant appeals. (i) To point one of the opinion, Appellant cited: Thompson on Trials, Vol. 2, Sec. 2635; Locke v. Hubbard, (S. D.) 69 N. W. 588. • Respondent cited: D-alkbermeyer v. Scholtes, et al, 3 S. D. 183; Book 67, L. R. A. 194; Hall v. State 3 Ga. 18; State v. Valiere, 39 La.
Read the full summary
Appeal from Circuit Court, Gregory 'County. Hon. William WilliamsoN, Judge. Action by Fanny Hol'bert, against Hart Parrish. From an order refusing- to vacate a judgment for plaintiff, defendant appeals. (i) To point one of the opinion, Appellant cited: Thompson on Trials, Vol. 2, Sec. 2635; Locke v. Hubbard, (S. D.) 69 N. W. 588. • Respondent cited: D-alkbermeyer v. Scholtes, et al, 3 S. D. 183; Book 67, L. R. A. 194; Hall v. State 3 Ga. 18; State v. Valiere, 39 La. Ann. 1060, 3 So-. 186.
1Opinion of the Court
WHITING, J-
This is an appeal from air order refusing to vacate a judgment.
[1, 2] Appellant concedes that a verdict was returned in lavor of the plaintiff and against the defendant and that such verdict was handed to the clerk of the trial court, but alleges that the clerk failed to enter the verdict, and that it has never been entered, and contends that, for the above reasons, the judgment entered upon such verdict must be set aside. Appellant concedes that such judgment is not void. It appears that the verdict was not entered at length in the minutes kept by the clerk, but such minutes do…
2Cited by1 opinion
- Sejnoha v. BuchananSouth Dakota Supreme Court · 1946