Reports of Cases Decided in the Supreme Court of the State of South Dakota, Volumen23Carter Publishing Company, 1909 |
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Términos y frases comunes
action affirmed agent agreement alleged amount Appeal from Circuit appellant assignments of error authority Bank Beadle County bill of exceptions Brantseg Brown county cattle cause cent charge circuit court claim complaint Constitution construction contended contract Cooley & Stiger corporation court erred court of equity damages defendant defendant's demurrer entitled evidence executed fact favor fendant findings held indebtedness instructions interest issue Judge judgment jury land liable ment Minnehaha county Mittnacht mortgage motion notice Opinion filed order denying owner paid party payment Pennington county person plaintiff possession premises purchase question quiet title railroad reason received record recover refused respondent reversible error rule Smith South Dakota state's attorney statute statute of limitations Supreme Court sustained tax deed testified testimony therein thereof tiff tion trial court usurious verdict warrant witness
Pasajes populares
Página 201 - A person shall be deemed to have given a preference if, being insolvent, he has procured or suffered a judgment to be entered against himself in favor of any person, or made a transfer of- any of his property, and the effect of the enforcement of such judgment or transfer will be to enable any one of his creditors to obtain a greater percentage of his debt than any other of such creditors of the same class.
Página 273 - ... evidence of debt carries with it, or which has been agreed to be paid thereon. In case the greater rate of interest has been paid, the person by whom it has been paid, or his legal representatives, may recover back, in an action in the nature of an action of debt, twice the amount of the interest thus paid from the association taking or receiving the same ; provided such action is commenced within two years from the time the usurious transaction occurred.
Página 676 - An action upon a liability created by statute, other than a penalty or forfeiture. 2. An action for trespass upon real property. 3. An action for taking, detaining, or injuring any goods or chattels, including actions for the specific recovery of personal property.
Página 508 - No corporation shall engage in any business other than that expressly authorized in its charter, nor shall it take or hold any real estate except such as may be necessary and proper for its legitimate business.
Página 501 - An act to aid in the construction of a railroad and telegraph line from the Missouri river to the Pacific Ocean, and to secure to the government the use of the same for postal, military, and other purposes, approved July first, eighteen hundred and sixty-two,' approved July second, eighteen hundred and sixty-four.
Página 22 - Trial by jury may be waived by the several parties to an issue of fact in actions arising on contract, or for the recovery of specific real or personal property, with or without damages, and with the assent of the court, in other actions in the manner following: "1.
Página 241 - This entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void if the insured now has or shall hereafter make or procure any other contract of insurance, whether valid or not, on property covered in whole or in part by this policy...
Página 526 - No particular form of exception is required, but when the exception is to the verdict or decision, upon the ground of the insufficiency of the evidence to justify it, the objection must specify the particulars in which such evidence is alleged to be insufficient.
Página 388 - The following contracts are invalid, unless the same, or some note or memorandum thereof, be in writing and subscribed by the party to be charged,' or by his agent: 1. An agreement that by its terms is not to be performed within a year from the making thereof; 2.
Página 328 - Every person who has actual notice of circumstances sufficient to put a prudent man upon inquiry as to a particular fact, has constructive notice of the fact itself in all cases in which, by prosecuting such inquiry, he might have learned such fact.— Code amend.— 1873:182.