Reports of Cases Decided in the Supreme Court of the State of South Dakota, Том 19
Carter Publishing Company, 1906
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action affirmed agent alleged amount answer appeal application assignment authority bank cause charge circuit court claim clearly Code complaint conclusion condition consideration constitute contended contract corporation counsel Court-CORSON Court-FULLER creditors damages debt decision deed defendant denying determine direct duly effect entered entitled error evidence exceptions executed fact favor findings follows further give given granting ground held intention interest issue John Judge judgment July jurisdiction jury justice land ment mortgage motion necessary notice Opinion Opinion filed owner paid party payment person plaintiff possession premises presented prior proceedings proper provides purchase question reason received record recover rendered respondent reversed rule says statute subsequent sufficient sustained taken thereof tion transfer trial trust unless verdict void wife witness
Страница 66 - This company shall not be liable beyond the actual cash value of the property at the time any loss or damage occurs, and the loss or damage shall be ascertained or estimated according to such actual cash value, with proper deduction for depreciation however caused, and shall in no event exceed what it would then cost the insured to repair or replace the same with material of like kind and quality; said ascertainment or estimate shall be made by the insured and this com.
Страница 67 - No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity until after full compliance by the insured with all the foregoing requirements, nor unless commenced within twelve months next after the fire.
Страница 255 - Mistake of fact is a mistake not caused by the neglect of a legal duty on the part of the person making the mistake...
Страница 66 - It shall be optional, however, with this company to take all, or any part, of the articles at such ascertained or appraised value, and also to repair, rebuild, or replace the property lost or damaged with other of like kind and quality within a reasonable time on giving notice, within thirty days after the receipt of the proof herein required, of its intention so to do; but there can be no abandonment to this company of the property described.
Страница 559 - The plaintiff may unite in the same complaint several causes of action, whether they be such as have been heretofore denominated legal or equitable, or both, where they all arise out of — 1. The same transaction, or transactions connected with the same subject of action; or, 2.
Страница 507 - Act, but the repeal of existing laws or modifications thereof embraced in this Act shall not affect any act done, or any right accruing or accrued, or any suit or proceeding had or commenced in any civil cause before...
Страница 480 - The shareholders of every national banking association shall be held individually responsible, equally and ratably, and not one for another, for all contracts, debts, and engagements of such association to the extent of the amount of their stock therein, at the par value thereof, in addition to the amount invested in such shares...
Страница 339 - It is an old and familiar rule that, "where there is, in the same statute, a particular enactment, and also a general one, which, in its most comprehensive sense, would include what is embraced in the former, the particular enactment must be operative, and the general enactment must be taken to affect only such cases within its general language as are not within the provisions of the particular enactment.
Страница 281 - The acknowledgment of an instrument must not be taken, unless the officer taking it knows or has satisfactory evidence, on the oath or affirmation of a credible witness, that the person making such acknowledgment is the individual who is described in and who executed the instrument...
Страница 221 - ... a speedy public trial by an impartial jury of the County or District in which the offense shall have been committed...