Allen v. Ashell
This text of 126 N.W. 1135 (Allen v. Ashell) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This cause is before us upon appeal from a decree of the circuit court in favor of the plaintiff, and also from the order of said court denying a new trial. This cause was tried in the circuit court before Judge McCOY, then judge of the circuit court in and for -the Fifth judicial circuit of this state, but now one of the judges of this court. Judge McCOY being disqualified [406]*406to hear this' cause upon appeal, and the said appeal having been duly considered by the four remaining -members of this bench, and they being equally divided in their views as to- the merits of the appeal herein, it is ordered that the judgment of the' lower . court and the order denying a new trial herein be, and the same are, in all things affirmed.
Free access — add to your briefcase to read the full text and ask questions with AI
Cite This Page — Counsel Stack
126 N.W. 1135, 25 S.D. 405, 1910 S.D. LEXIS 86, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allen-v-ashell-sd-1910.