State ex rel. Graber v. Schmidt

South Dakota Supreme Court

State ex rel. Graber v. Schmidt

174 N.W. 951, 42 S.D. 294, 1919 S.D. LEXIS 132

CourtSouth Dakota Supreme Court

DecidedOctober 3, 1919

DocketFile No. 4569

StatusPublished

This text of 174 N.W. 951 (State ex rel. Graber v. Schmidt) 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. Graber v. Schmidt, 174 N.W. 951, 42 S.D. 294, 1919 S.D. LEXIS 132 (S.D. 1919).

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Opinion

POLLEY, J.

In his petition for rehearing, counsel for appellant call our attention to the fact that the order appealed from granted appellant permission to answer to the merits within the five days after entering said order. This fact was overlooked when the opinion was prepared and, as it was not our intention to deprive appellant of any privilege granted by the trial court, the opinion herein filed on the 15th day of August, 1919, is hereby modified, by striking out the direction to the trial court to enter judgment for the relator.

With this modification, the order appealed from is affirmed, and the rehearing is denied.

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POLLEY, J.

In his petition for rehearing, counsel for appellant call our attention to the fact that the order appealed from granted appellant permission to answer to the merits within the five days after entering said order. This fact was overlooked when the opinion was prepared and, as it was not our intention to deprive appellant of any privilege granted by the trial court, the opinion herein filed on the 15th day of August, 1919, is hereby modified, by striking out the direction to the trial court to enter judgment for the relator.

With this modification, the order appealed from is affirmed, and the rehearing is denied.

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Bluebook (online)

174 N.W. 951, 42 S.D. 294, 1919 S.D. LEXIS 132, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-graber-v-schmidt-sd-1919.