Reports of Cases Decided in the Supreme Court of the State of South Dakota Volume 9

Reports of Cases Decided in the Supreme Court of the State of South Dakota Volume 9

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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. 1898 edition. Excerpt: ...book, does not, in effect, give authority to the clerk to enter the judgment, as the act of the clerk in so entering the judgment is merely the clerical act of writing the judgment under the direction of the court. 3. Where oral evidence of the clerk of the court is admitted without objection to contradict the recitals in an execution, it cannot be disregarded on appeal. 4. Under Comp. Laws, Section 5110, providing for the issuance of execution within five years after entry of judgment, no execution can issue until after such entry. 5. A payment by a. third person to a bank on its delivery to him of a note secured by a mortgage, on which payments have been made, but not in dorsed, which fact was known to all the parties thereto, is an assignment by the bank of the note, and continues the lien in behalf of the assignee for the amount paid by him._ Appeal from Minnehaha county court. Hon. E. PARLIMAN, Judge. Action in conversion. From a judgment in favor of plaintiff, and from an order denying a motion for a new trial, defendant anpeals. Reversed. The facts are stated in the opinion. Davis, Lyon (E Gates, for appellant. The entry of the judgment is so far ministerial that in those states where the statute designates a time within which it must be entered, it does not effect the validity of the judgment, if the statute is not complied with. Bank v. Wolff, 21 Pac. 551; Marshall v. Taylor, 32 Id. 515; Brown v. Porter, 34 Id. 1105; Freem. Judgm. 40; Black, Judgm. 106; Telegraph Co. v. Patterson, 1 Nev. 124; Re Cook's Est., 19 Pac. 431; S. C, 1 L. R. A. 567; Fish v. Emerson, 44 N. Y. 376; Re Newman's Est., 75 Cal. 213; 16 Pac. 887; 12 Am. & Eng. Encyc. of Law 71; Gray v. Palmer, 28 Cal. 416. See, also, Mouser v....show more

Product details

  • Paperback | 240 pages
  • 189 x 246 x 13mm | 435g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236948149
  • 9781236948144