Reports Of Cases Decided In The Supreme Court Of The State Of South Dakota Volume 4 PDF Download

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Reports Of Cases Decided In The Supreme Court Of The State Of South Dakota;

Reports Of Cases Decided In The Supreme Court Of The State Of South Dakota;
Author: South Dakota Supreme Court
Publisher: Wentworth Press
Total Pages: 778
Release: 2019-03-24
Genre:
ISBN: 9781011135592
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This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Reports Of Cases Decided In The Supreme Court Of The State Of South Dakota; Volume 4

Reports Of Cases Decided In The Supreme Court Of The State Of South Dakota; Volume 4
Author: South Dakota Supreme Court
Publisher: Sagwan Press
Total Pages: 750
Release: 2018-02-09
Genre:
ISBN: 9781377222578
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This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Reports of Cases Decided in the Supreme Court of the State of South Dakota

Reports of Cases Decided in the Supreme Court of the State of South Dakota
Author: South Dakota Supreme Court
Publisher: Palala Press
Total Pages: 732
Release: 2015-09-15
Genre:
ISBN: 9781342649140
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Download Reports of Cases Decided in the Supreme Court of the State of South Dakota Book in PDF, ePub and Kindle

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Reports of Cases Decided in the Supreme Court of the State of South Dakota

Reports of Cases Decided in the Supreme Court of the State of South Dakota
Author: Anonymous
Publisher: Rarebooksclub.com
Total Pages: 268
Release: 2013-09
Genre:
ISBN: 9781230049953
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1920 edition. Excerpt: ...1 The statement in chapter 39, recited in the writ, to wit, that the sum claimed by plaintiff was and is "to compensate him for injuries received while in the militia service of the state of South Dakota," must be considered as an allegation of fact which, taken in connection with the allegations that the Legislature has appropriated money for payment of the amount claimed, upon presentation of a voucher therefor, and'a receipt for the warrant, to be issued by the treasurer, constitute the pleading demurred' to, and are claimed by plaintiff to be allegations of fact sufiicient to entitle him to the relief demanded. Stated in another form, the allegations of the writ are that plaintifl, while in the militia service of the state of South Dakota, received injuries, and that the Legislature has appropriated the sum of $7,000 for his relief, and to compensate him for such injuries, and that the auditor has refused to issue a warrant for the amount so appropriated, on the grounds: First, that the Legislature is without power to appropriate-money for other than a public purpose, and that the appropriation alleged, on the face of the writ, is an appropriation for the benefit of a private person; second, that the act is special legislation violative of the state Constitution. Section 9 added to article 13, pursuant to chapte: 2, Special Session 1916, declares the maintenance of good roads and the supplying of coal to the people of the _state from lands belonging to the state to be works of necessity and importance in which the state may engage. The amended section I of article 13 was adopted pursuant to chapter 163, Laws of, 1917. At the 1918 Special Session other amendments to article 13 of the Constitution were proposed...

Reports of Cases Decided in the Supreme Court of the State of South Dakota

Reports of Cases Decided in the Supreme Court of the State of South Dakota
Author: Anonymous
Publisher: Rarebooksclub.com
Total Pages: 270
Release: 2013-09
Genre:
ISBN: 9781230026206
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1919 edition. Excerpt: ...& Phrases, 49, Second Series; Schwindermann v. Great Eastern Casualty Co., 165 N. VV. 982. VVHITING.. Defendant insured plaintif'f's crops against damage by hail. The policy covered 4311 acres of wheat, oats, barley, and flax; the same being insured in the sum of not to exceed $10 per acre, or $4.310. Suit was 'brought on this policy. resulting in a verdict of $2,692 and interest. From judgment entcred thereon, and from an order denying a new trial, this appeal was taken. Appellant contends that respondent was not entitled to recover at all, because of his failure to furnish the proof of loss required-by the policy'; that respondent was not entitled to recover in excess of $38I for damage to wheat, oats, and barley, because of an alleged adjustment of such damages; and that respondent was not entitled to recover the amount found by the jury because such amount is excessive under the evidence and law. 1, 2 We find it more convenient to first consider the alleged adjustment. The facts touching this matter are briefly as follows: Respondent was out of the state at time of the storm. Upon being advised by his wife that his crops had been injured by hail, he wrote a letter to the Farmers' State Bank, a bank located in his home town, in which, among other things, he stated: "I would like lIessrs. Duck & Skarlarken to act in my stead in adjusting the loss. " Skarlarken undertook to make proof of loss and to adjust same. Purporting to act as agent for respondent, he executed proof of loss, showing loss on wheat, oats, and barley in sum total of $381. This "proof of loss" was approved by the adjuster representing appellant, and the appellant afterwards tendered $381 in settlement for...

Reports of Cases Decided in the Supreme Court of the State of North Dakota

Reports of Cases Decided in the Supreme Court of the State of North Dakota
Author: North Dakota. Supreme Court
Publisher: Rarebooksclub.com
Total Pages: 226
Release: 2013-09
Genre:
ISBN: 9781230031392
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1895 edition. Excerpt: ...a preference. is not kept from passing from the assignor on that account. In such a case the statute declares that the whole property becomes instantly a trust fund, to be administered in equity in the District Court for the benefit of all creditors alike. provision of the statute that the case of Straw v. _/mks, 6 Dak. It was under this 414, 43 N. W. 941, was decided. For that reason it is not in point in this case. Why was it necessary to provide specifically that the property in such a case should become a trust fund, if in all cases the executions of an assignment, however void, placed all the property in the custody of the District Court, to be administered for the benefit of all creditors? The very first section of the assignment law (section 4660) provides that every such assignment is subject to the statutes relating to fraudulent transfers. This is a declaration that, when the intent of the assignor in making the assignment is to delay or defraud creditors, it is void as to them, and that the innocence of the assignee will not save it, he not being a bona fide purchaser of the assigned property. Comp. Laws, 4656, 4666; Wait, Fraud. Conv. 319. An assignment void as to creditors is, as to them, no assignment. The title to the property still remains in the assignor, and is subject to attachment by his creditors. Did the legislature intend that a fraudulent, and therefore a void, assignment should place the assignor's property, to which he still holds the title, in.custody of the law? What is to become of it in the hands of the court? Vill the court administer a void trust? Will it distribute property under a void assignment? There is no power in the court to order a dollar paid to any creditor, except...