Saunders v. Hopkins

South Dakota Supreme Court

Saunders v. Hopkins

243 N.W. 283, 60 S.D. 78, 1932 S.D. LEXIS 16

CourtSouth Dakota Supreme Court

DecidedJune 30, 1932

DocketFile No. 7350.

StatusPublished

Cited by1 cases

This text of 243 N.W. 283 (Saunders v. Hopkins) 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.

Bluebook

Saunders v. Hopkins, 243 N.W. 283, 60 S.D. 78, 1932 S.D. LEXIS 16 (S.D. 1932).

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Opinion

This is an appeal from a judgment for plaintiff and an order denying a motion for a new trial. The case was tried upon its merits before the court without a jury, and a judgment was entered without the court having made findings of fact and conclusions of law. The judgment is, therefore, without any foundation upon which it may be based. See section 2526, Rev. Code 1919; Taylor v. Vandenberg, 15 S.D. 480, 90 N.W. 142; Kierbow v. Young 21 S.D. 180, 110 N.W. 116.

The judgment and order appealed from are reversed.

All the Judges concur. *Page 79

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This is an appeal from a judgment for plaintiff and an order denying a motion for a new trial. The case was tried upon its merits before the court without a jury, and a judgment was entered without the court having made findings of fact and conclusions of law. The judgment is, therefore, without any foundation upon which it may be based. See section 2526, Rev. Code 1919; Taylor v. Vandenberg, 15 S.D. 480, 90 N.W. 142; Kierbow v. Young 21 S.D. 180, 110 N.W. 116.

The judgment and order appealed from are reversed.

All the Judges concur. *Page 79

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Bluebook (online)

243 N.W. 283, 60 S.D. 78, 1932 S.D. LEXIS 16, Counsel Stack Legal Research, https://law.counselstack.com/opinion/saunders-v-hopkins-sd-1932.

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