State Ex Rel Fisher v. Horswill

South Dakota Supreme Court

State Ex Rel Fisher v. Horswill

263 N.W. 893, 64 S.D. 18, 1935 S.D. LEXIS 84

CourtSouth Dakota Supreme Court

DecidedDecember 21, 1935

DocketFile No. 7841.

StatusPublished

This text of 263 N.W. 893 (State Ex Rel Fisher v. Horswill) 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

State Ex Rel Fisher v. Horswill, 263 N.W. 893, 64 S.D. 18, 1935 S.D. LEXIS 84 (S.D. 1935).

Pincite

Opinion

This is a proceeding in mandamus. The trial court issued a mandatory writ ordering and directing the *Page 19 commissioner of insurance to pay plaintiff some $1,900 with interest and costs found to be due the plaintiff on a hail insurance policy.

The commissioner, being dissatisfied with the judgment, brings the case here on appeal.

We have gone carefully over the record in this case and are satisfied that the judgment is right, but inasmuch as the Legislature (chapter 116, Laws 1933) abolished the hail insurance department, no further litigation will arise under this law, and an opinion in this case would serve no useful purpose.

The judgment and order appealed from are affirmed.

All the Judges concur.

Free access — add to your briefcase to read the full text and ask questions with AI

This is a proceeding in mandamus. The trial court issued a mandatory writ ordering and directing the *Page 19 commissioner of insurance to pay plaintiff some $1,900 with interest and costs found to be due the plaintiff on a hail insurance policy.

The commissioner, being dissatisfied with the judgment, brings the case here on appeal.

We have gone carefully over the record in this case and are satisfied that the judgment is right, but inasmuch as the Legislature (chapter 116, Laws 1933) abolished the hail insurance department, no further litigation will arise under this law, and an opinion in this case would serve no useful purpose.

The judgment and order appealed from are affirmed.

All the Judges concur.

Cite This Page — Counsel Stack

Bluebook (online)

263 N.W. 893, 64 S.D. 18, 1935 S.D. LEXIS 84, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-fisher-v-horswill-sd-1935.