Volume 37 — South Dakota Reports

Hon. Robert B. Tripp, Judge. Action by Jacob A. Johnson, against the Centerville Milling Company, to-recover damages for overflowage of water from a mill dam. From; a judgment 'for defendant, based upon alleged incomplete findings, plaintiff appeals. (1) Under point one of the opinion, Appellant submitted that: If appellant desired such additional finding’s, he should have raised such issue by his pleadings, and should have requested that the issue be submitted to the jury.

Hon. Joseph H. Bottum, Judge. Action by Henry O. Wincleclahl and another, against J. W. Harris and another, for rescission of a contract of exchange of land for hardware. From a judgment for plaintiffs, and from an order denying a new trial, defendants appeal. (4) To point four of the opinion, Appellants cited: McKnight v. Thompson, (Neb.) 58' N. W. 453; Wyman v. Wil-marth, 1 S. D'. 172.

FRANK B. Smith, Judge. Action by O. E. Anderson and others, against Fred Ray and others, to enjoin the raise of water in a 'meandered lake from flowage from artesian wells. From a judgment for defendants, and from an order denying a new trial, plaintiffs appeal.

Hon. Thomas L. Boucic, Judge. Action by Ed. Roberts, ag’ainst John Jacobs, for damag'es for seduotion of and alienation of the affections of plaintiff’s wife. From a judgment for .plaintiff, and from an order denying a new trial, defendant appeals.

<p>Criminal Law — Appeal Involving Evidence — No Settled Kecord— Striking Transcript — Affirmance.</p> <p>Where only a partial transcript of the evidence was attached to judgment roll, hut no settled record was ever certified by trial judge, held, that, the appellant having made no response to an order to show cause why the transcript should no.t be stricken from the record and judgment affirmed, made by Supreme Court, the transcript will be so stricken, and judgment appealed from affirmed.</p>

Hon. John F. Hughes, Judge. Action by Harlan Woodruff, against J. W. Heltibridle, to contest an election for County Commissioners. From a judgment adjudicating a tie vote between the contestants, and cancelling defendant’s certificate of election, and from an order denying a new trial, defendant appeals. (i) To point one of the opinion, Appellant cited: Raws of 1913, Ch. 198, Sec. 2; Pol.

Fall River County. Hon. LEvjí McGee, Judge. Action by the Smithwick School District No. 6, against Lincoln School District No. 26 and others, to recover an alleged indebtedness arising on division of school districts. From a judgment sustaining demurrer to their answer, defendants appeal. (2) To point two of the opinion. Appellants cited: Code Civ.

Action by J. K. Gorman, against P. H. Madden and ethers. Judgment for plaintiff. Original proceedings in the Supreme Co ai t by ueiendants seeking settlement of record. ^ i J To point one of the opinion, Plaintiff cited: Plano Mfg. Co. v. Person, i,S. D.j 79 N. W. 833; Taylor v. Miller, (N. D.) 87 N. VV. 596; Crane v. State, 10 Ala. 82, 65 So. 301; Daws 1911, Ch. 15; State ex rel.

Hon. Josiii’ii W. Joniís, Judge. Action to quiet title, by Bertha Finke, against Eli Finke and others. From a judgment for plaintiff -defendants appeal. (2) To point two of the opinion, Appellant cited: Novotny v. Danforth, 9 S. D. 301 at 306; Civ. Code, Secs. 928, 932, 1250, 1256, 1259.

Hon. Auva E. Taylor, Judge. Action by Astoria State Bank, against C. T.Markwood, G. W. Erickson, and Thomas Erickson, to recover on promissory notes. From' a judgment for defendants, and from an order denying a new trial, plaintiff appeals. (i) To point one of the opinion, Appellant cited: Holi-master v. Black, 74 Ohioi State, i, 84 N. E. 423, 14 American and English Annotated Cases, 877; Corey v. Hunter, (N. D.) 84 N. W. 570.

Hon. Joseph W. Jones, Judge. Action by William- L. Christian and others, against El Riad Temple, Ancient Arabic Order Nobles of the Mystic Shrine of Sioux Falls, S. D., and Mary Madson, to recover upon a mutual benefit life insurance certificate. From a judgment for defendant Mary Madson, and f-rom- an order denying a new trial, (the principal defendant having paid the money into court) plaintiffs appeal. (i) To point one -of the opinion, Appellants cited: Civ.

Hok. Josiíni W. Jones, Judge. Action by Delia A. Prew, against the South Dakota Central Railway Company and another, to recover the value of goods lost in shipment. From a judgment for plaintiff and from an order denying a new trial, defendants appeal. (1) To point one of the opinion, Respondent cited :i Green-leaf on Ev. Sec. 113 and Sec. 714. Story on Agency, sections 134 and 137, and note.

Appeal -from Circuit Court, Union. County. Hon. Joseph W. Jones, Juldge. Action by Emily S. Maw, against Henry Bruneau, to determine adverse right and possession, and to quiet title to roaltv From a judgment for defendant, and from an order denying new trial, plaintiff appeals. Appellant cited: Ocean City Ass’n vs. Sfariver, 51 R. R. A 425; St.' Louis vs. Ru'tz, 138 U. S. 226; C. J. Holman vs. Jas.

Appeal- from Circuit Court, Hughes County. Hon. John F. Hughes, Judge. Action- by Nellie Klink, against Edward M. Quinn, for damages for conversion of livestock. From, a judgment for plaintiff, and- from: an order denying a new trial, defendant appeals.

Hon. Joseph W. JonUs, Judge. Proceeding by the Cilty of Dell Rapids against Martin Mc-Shane, for violation of an ordinance requiring transient merchants to pay a tax. From a conviction in police court, defendant appealed to the Circuit 'Court, being there again convicted. From an order granting a new 'trial the city appeals.

•Appeal from Circuit Court, Spink County. Hion. Alva E. TayloR, Judge. Action by William Massey, against Eouis Eralish, as administrator of Guy E. Eralish, deceased, to forclose a chattel mortgage. From a judgment for defendant, and from an order denying a new trial, plaintiff appeals. (2) To point tw-o of the opinion, Appellant cited: Laws 1913, Ch. 207, Sec. 175; Smith v. Quartz, 14 Cal. 242; Kirman v. Powning', (Nev.) 60 Pac.

A-ppeal from -Circuit Court, Harding County. Hon. Raymond L. Dillman, Judge, Action by Howard C. Park, against B. E. Latham and- others, to recover upon a promissory note. Ero-m a judgment for plaintiff, and from an order denying -a new trial, defendants ap-peal. Appellants cited: National Bank v. Sherman, 23. S. D. 8; Richardson v. Candis, 26 S. D. 202; National Bank v. Mailloix, 27 S. D. 543; Mee v. Carlson, (S. D.) 117 N. W. 1033. Respondent cited: <S. D1.

' Hon. Joseph W. Jones, Judge. Action by the Sioux Falls Lodge, No. 262, Benevolent and Protective Order of Elks, against Charles F. Mundt, as County Treasurer of Minnehaha County, to recover back taxes paid under, protest. From a judgment for defendant, plaintiff appeals- Appellant cited: Const., Art. 11, Sec. 6; Pol.

Hon. Frank B. Smith, Judge. Action by Thomas McKeon, against the Meade County Bank and another, to establish a preference claim against defendant insolvent bank. Fr.om a judgment dismissing the action, and from an order denying a new trial, plaintiff appeals.

. Appeal from 'Circuit Court, Moody ■ County. HoN. Joseph W. JONES, Judge. Action toy Allen F. Blewett a-rnd another, against James Hendry, to recover a 'broker’s commission on a sale of realtj\ From' an order granting a new trial after verdict and judgment for plaintiffs, they appeal.

Action.by Chris. Collision, against .William J. Davis and an- • other, to recover., damages for non-delivery of live-stock sold to plaintiff. From a judgment for plaintiff, and from an older denying a new trial, defendants appeal. (i) To point one of the opinion, Appellants cited: Idaho Co. v. Kalanquin (Idaho), 66 Pac., 933; Fellows v. Christianson, 28 S. D., 353; McKinnon v. Central Co. (Mich.), 120 X. W., 26; Cobb. 'V. Dunlevie (W. Va.) 60 S. E. 384.

Hon. Frank B. Smith, Judge. Action, by G. Vander Linden, against Anton Oster, for damages for malicious prosecution,. Fuom a judgment for plaintiff, and from an order denying a new trial, defendant appeals. ■ (i) To point one of the opinion, Appellant cited: Century Dictionary: International Dictionary; 26 Cyc. 10, and cases cited. Respondent cited: 2 Cream of Law, Sec. 221; Laws 1913, page 335.

HoN. Auva E. Tayuor, Judge. Action by Cornelia Townley Keith, against Donald E. Keith, to cancel a contract made between plaintiff and defendant. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. Respondent cited: Civ. Code, Sec. 1624.

<p>Appeal from Circuit Court, Marshall County. Hon. Thos. L. Bouck, Judge.</p> <p>Action iby Fritz J. Wilgers, against Rose E. Sayer. From a judgment for plaintiff •defendant appeals.</p>

<p>1. Mandamus — Alternative Writ Against Circuit Judge — Attorney’s Affidavit, Distinguished from Return.</p> <p>In a mandamus proceeding against a circuit judge, in which an alternative writ had issued requiring defendant to dismiss an action or show cause, etc., held, that a statement in an affidavit made by an attorney who confessedly appeared for parties other than defendant, that he was requested by aeffendant to appear and make such showing as deemed by affiant advisable, is not a return by the defendant to the writ.</p> <p>2. Costs — Security for Costs — Assignment of Judgment as Security, Effect as- to Costs — Accrued Costs — Statute.</p> <p>When, after an assignment of a judgment or a cause of action, the action is continued in name of original plaintiff, it should for the purpose of security for costs, he treated as though no such assignment had been made; and, where plaintiff became a nonresident, held, that the security requited under Code Civ. Proc., Sec. 436, providing for security for costs in the manner provided in the two .preceding sections, suchi security must he unrestricted; Sec. 434 making such security liable for costs taxed against plaintiff in both the trial court and that to which the cause may he carried. So held, where the undertaking for costs was restricted to costs accruing after date of order requiring security for costs, and where the assignees under the assignment of judgment held the judgment merely as security for plaintiff’s indebtedness to them.</p> <p>3. Costs — Incomplete Security for — Granting Further Time, or Dismissal?</p> <p>In mandamus to require circuit judge to dismiss an action for failure to provide a proper cost bond, held, that where assig-nee’s of plaintiff’s judgment in the action had given security for such costs only as might accrue after order for security for costs had been made, the Supreme Court will give further opportunity for furnishing security for costs, and will iesne peremptory writ against trial judge requiring him to dismiss the action unless complete security for costs be furnished within a specified time.</p>

Hon. James McNenny, Judge. The defendant, Herman Sonmenschein, was convicted of grant larceny; and from a judgment of conviction, and from an order denying a new trial, he appeals. (i) To point one of the opinion, Appellant cited: Const. Art. 5, Sec. 21. Respondent cited: Const. Art. 5, Secs. 20, 21; Latimer v. State, 55 Neb. 609, 76 N. W. 207, 70 Amer.

HoN. Carl G. Sherwood, Judge. Action by Henry D. Sample, against Joseph Harter and others, as supervisors of the township of Alitamoot, Deuel County, and another, to enjoin defendant, township board of supervisors, from opening a highway on section lines. From a judgment for defendants, and from an order denying a new trial, plaintiff appeals.

Appeals from 'Circuit Oourt, Minnehaha County. PIon-Joseph W. Jones, Judge. Four actions', one by the Sioux Falls National Bank, one by tbe Minnehaha National Rank, one by the Security National Bank, and one by the Scandinavian-American National Bank, alt of Sioux Fall's, South Dakota, against J. L. Wingfieldl as. Public Examiner and as ex-officioi Superintendent of Bank and Trust Companies of the State of South Dakota. Drum adverse orders defendant appeals.

<p>1. Attorney and Client — Disbarment of Attorney — Misconduct—False Affidavit on Information and Belief, Stated Positively — Failure to Withdraw Affidavit.</p> <p>The conduct of an attorney who made a false charge against opposite counsel in a case, which statement, although appearing from the whole affidavit and in the light of other matters known to trial court and attorneys, to have been on information and belief, was stated positively, and on his attention being called to the matter he neglected to change or to withdraw the affidavit but permitted it to remain a part of the record presented for use in the Supreme Court, held, to have been reckless and careless, and deserving of criticism and censure, but not necessarily corrupt or dishonest.</p> <p>2. Same — Disbarment—False Attachment Affidavit Charging Fraudulent Disposal of Property — Censurable Conduct.</p> <p>An attorney who makes, and procures the making by his client of another false affidavit in attachment, charging that defendant therein disposed of property with intent to defraud creditors, having no sufficient reason for believing said statement to be true, is guilty of reckless conduct deserving severe criticism and censure, and while not requiring his disbarment, ye.t persistency in such unlawful practice might warrant suspension if not disbarment of the wrongdoer.</p> <p>3. Same — Disbarment—Exorbitant Attorney’s Fees' — Purchase of Client’s Property — False Representations of Value of Property, and of Outcome of Probate — Dishonest and Fraudulent Conduct.</p> <p>Where an attorney contracted with the residuary legatee to represent him in connection with an estate for one-third of what the client recovered from .the estate, and believed, from information received by him but not communicated to the client, that the will of the decedent would be probated by the executor, and that his own services would no.t be required, and that his client would receive therefrom between $6,000 and $10,000, and afterwards induced his client bo dispose of his interest in the estate for $3,000 plus the alleged value of his legal services under the contract, he knowing a.t the time that the property could be sold for over $8,000, but withholding such information, and in order to effectuate the purchase* ■represented to his client that there was danger of the will not being sustained, held, that the evidence sustains conclusions of the referees in the disbarment proceedings, to the effect that the attorney’s conduct was unprofessional, dishonest and. fraudulent, that the evidence warranteed disbarment.</p> <p>4. Same — Accepting Money as Attorney’s Fee from an Incompetent — Dishonest Conduct.</p> <p>Where such attorney, knowing that a prospective client, was mentally unsound and incompetent to transact business connected with the subject of his imaginary troubles, induced the incompetent to pay him $276, and to. execute to him a note for $1,000 secured by land mortgage, held, that a finding in a disbarment proceeding that such conduct was unprofessional and dishonest was justified.</p> <p>5. Same — Disbarment—Contract for Exorbitant Attorney’s Fees — ■ Enlarged Fee, Taking Advantage of Client’s Distress — Fraudulent Checking of Client’s Funds for Expenses — Unprofessional and Dishonest Conduct.</p> <p>Where such attorney contracted with a client to perform legal service in a pending divorce suit, and received $1,000, giving a receipt in which was' a recital that if the suit was won and tibe offending party (a co-repsondent in a divorce suit) -convicted, $2,000 more and expenses were paid him; and after-wards when the client was greatly distressed in mind because of anxiety as to custody of his daughter and his belief that the co-respondent was guilty of adultery with the client’s wife, the attorney represented to him that he would require a further fee,- and demanded $4,000 more, which was paid; the attorney subsequently checking out of the client’s funds without his authority, $120, only $100 of which was returned, and after-wards rendered to the .client a statement “to cash expended,” aggregating nearly $500, most of the items in which were claimed for personal expenses, but which, upon objection being made by client, the attorney did not insist upon being paid; and the attorney testified falsely as to several matters in explanation of Ms exaction of .the absolute fee of $5,000 in lieu of the $1,000 fee previously paid and the contingent $2,000 fee per the agreement; held, tha't the referee’s finding that such conduct was unprofessional and dishonest was sustained by the evidence; that such conduct required disbarment of the attorney.</p> <p>6. • Same — Disbarment—Contingent Fee Contract — Failure to Account for Funds Collected Under Judgment — False Statement , of Expenses — Inadequate Deposit of Client's Funds — Fraudulent Withholding of Funds — Findings.</p> <p>Where such attorney, after contracting with a client to receive onedhird of what might be recovered out of court under his client’s claim for damages for personal injury, or 5 0 % if it should be recovered on trial in court if settlement could not be made, brought suit, and in a subsequent suit recovered judgment, and collected and received in satisfaction thereof about $2200, including certain costs, and thereafter rendered a statement of money which he claimed to have disbursed for the client in said suit, and offered to pay the balance of one-half of the amount of the judgment less interest thereon and the costs, which the client refused to accept, he demanding an itemized statement, and wrote several times demanding itemized statements and the money due;.and after-wards the client employed other attorneys to collect said dues, and almost three months thereafter the attorney sent an itemized statement, and deposited in a bank to the client’s credit the amount shown in said statement to be due, which amount the client refused to accept, and afterwards suit was brought against .the attorney to recover same, which suit was dismissed for want of proper service of process; it appearing that one item of said statement was for $55 for services alleged to have been performed in the federal court by one who was the attorney’s clerk, another of which was for “cash advanced,’’ $150 of which item had not been so advanced, and other irregularities also appearing; held, that referees’ findings in disbarment proceedings that the itemized statement was wrongfully padded by the attorney for the purpose of fraudulently withholding from the client moneys justly due him as proceeds of the judgment, and their conclusion that his conduct was dishonest, unprofessional and fraudulent, were justified by the evidence, and that his conduct warranted his disbarment.</p> <p>7. Same — Disbarment—Unfit to Practice Daw — Cancellation oí Dicense — Sufficiency of Evidence — Attorney’s False Testimony.</p> <p>In a disbarment proceeding, held, that a conclusion of .the referees, that the conduct of the respondent as shown by the findings of fact, shows him to be a person unfit to practice as an attorney at law, and that a judgment of cancellation of his license to practice law in this state should he rendered and entered, was warranted by the evidence; that the testimony of respondent himself discloses his possession of a consuming passion to enrich' himself a.t the expense of, and regardless of the rights -of, those who, reposing confidence in him, come to him as clients; that a most serious matter is that disclosed by the evidence: — that the referees must have believed that respondent • testified untruthfully in regard to many material issues; and that the facts require judgment of disbarment.</p>

<p>Appeal from Circuit Court, Brookings County. Hon. Carl G. Sherwood, Judge.</p> <p>Upon reih'earing.</p>

Appeal froiu Circuit Court, Minnehaha County. H'on. Joseph W. JoNEs, Judge.’ Action by Arne Larson, against Clarence Munson and another, to recover upon .a ¡promissory note. From a judgment for plaintiff, defendants appeal. (1) To point one of the opinion, Appellants cited: Code Civ. Proc., 'Sec. 441; Sutton v. Con. Apex Min. .Co., 12 S. D. 576- Respondent cited: Codte Civ. Proc., Sec. 453.

Hon. Card G. Sherwood, Judge. Action by Marie Antoinette Houghton, against Ashley L. Houghton, for maintenance by defendant husband, of his children. From' a judgment for plaintiff, and from an order denying a new trial, defendant appeals. (1) To point one of the opinion, Respondent cited: Civ. Code, Sec. 92; Cameron v. Cameron, 140 N. W. 700, 31 S. D. 335; Reid v. Reid, 39 N. W. 102 (Iowa); Davis & Michel v. Grt. Northern. Ry. Co., 151 N. W. 128.

Appeal- from -Circuit Court, Minnehaha County. Hon. JosEm W. Jones, Judge. Aotion by EUa G. Prentice, by R. E. Pettigrew, her guardian ad litem., against W. E. Coughran and others, to recover possession of and- -to quiet title to realty. From- a judgment for plaintiffs, the defendant Girton-Adams Ice Company appeals. Appellant cited: Civ. Code, Seos. 2379, 2380, 2381, 2386.

Appeal 'from' Circuit Court, Beadle ’County. Hon. Alva E. Taylor, Judge. Mandamus by the state, on the relation ’ of F. J. Gabel, against F. C. Young and others, as members' of the Board of County Commissioners of Beadle' County, to compel defendant board to approve a liquor license bond. From a judgment for defendants, plaintiff appeals. (1) To point one of the opinion, Appellant cited: Bradshaw v Lankford, n L. R. A. 582.

Hon. Thomas L. Bouck, Judge. Action by Elizabeth Wren, against Gustav W. Rehfield, for ■malicious prosecution. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. (i) Toi point one of the opinion, Appellent cited: Falk v. Waterman 49 Cal. 224; Dorris v. Miller, (Iowa) 75 N. W. 482. Respondent cited: 19 Cyc. 369; 26 Cyc. 63. (2) To point two of the opinion, Appellant cited': State v. Heffernan, 24 S. D. 1.

Hon. Joseph W. Jones, Judge. Action by Mttcie DeBood, as administratrix of the estate of Peter DeBood, deceased, against A. K. Pay, to‘ recover damages for loss of life of the plaintiff executrix’s decedent. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals.

Hon. Joseph H. Bottum, Judge. Action by Thomas Kippo-m, against Grant County Milling Gompamy, a corporation, ;to . recover damages resulting from defendant’s .failure to comply .with, a previous injunction ■ concerning the 'discharge o>f water into a reservoir. From a judgment for plaintiff, and1 from an order denying a motion for a new trial, defendant appeals.

Appeal- from ' Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by George E. Adlams, against Mark D. Sco-tt, to recover damages for libel. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. (i) To point one of the opinion, Appellant cited: Noyes v. Belding, 5 S. D. 610;; Jones1 on Evidence, Sec. 212.

Hon. James McNenny, Judge. The defendant, Edward J. Spencer, was .informed against for embezzlement. From a judgment sustaining a demurrer to the information, the state appeals. (1) Under point one of the opinion, Appellant cited': Code Cr. P'roe., Sec. 483. (2) Under point two of the opinion, Appellant cited: Ex parte Williams, xi6 Cal. 512, 48 Pac. 499; Ex parte Hay-ter, 16 Cal. App. 21 x, 1x6 Pac. 370; -State v. Crook, 16 Utah, 512, 51 Pac. 1091; Code Cr.

Hon. Wiuuiam Wiixiamson, Judge. Action -by John W. Heran, against Frank R. Elmore, to set aside an -execution sale certificate, and praying a decree- that same is not a lien- upon -realty. From an order sustaining a demurrer to a portion of defendants answer, he appeals-. (1) To point one -of the op-iniom, Appellant cited1: Weber v. Laid-l-ef, 26 Wash. 144; go Am. St. Rep. 726; Ea-rson v. Weis-becker, 1 'D-ec. Dept. In-t. 409; N-o-rri-s v. Heald, 12 Mont. 282: 33 Am.

Appeal -from- Circuit Court, Pennington County. HoN. Lkvi AlcGito, Judge. The defendant, Earl Taylor, entered a plea in a criminal information against himself and another, and from the trial court’s order denying and overruling such plea, he appeals. Appellant cited: Chap. 146, Laws 1915; §§479 to. 493, Code Crim. Proc.; §§419 to 428, Code, Crim. Proc.; Chap. 280, Laws 1913; §§292 to 209, Code Civ. Proc.; Chap'. 178. Laws 1913; Chap. 174, Laws of 1913. Const.

Original proceeding in Supreme Court by way of application, under Sec. 457, Code C'iv.

Hon. Ti-iOMAg L. BoucK, Judge. Action by the Gokl-Staheck Loan and Credit Company, against the Security State Bank and another, to recover for money loaned1 b)r plaintiff to' defendant bank upon a certificate of deposit. From a judgment for plaintiff, defendants appeal.

Hon. Ekank B. Smith, Judge. Proceeding's by E. L-.Colfix and others, for a writ of mandamus, against W. A. Caldwell, as counity auditor of Han-son County, to compel -defendant to include certain land and personalty assessed thereon, a-s property -assessable against Eulton Independent School District. From a judgment awarding a peremptory writ, defendant appeals. Appellant cited1: Laws 1907, Ohap. 135, Art. 3, Sec. 73.

Hon. Eranic B. Smith, Judge. Proceeding by J. S. Desmond and' others, against W. A. Caldwell, as County Auditor of ITanson County, and another, and Jesse Robertson, as County Superintendent of Public Schools, for a writ of -mandamus. E-ram a judgment awarding, a. peremptory writ of mandamus, the first-named defendants appeal.

Appeal -from! Circuit Court, Davison County. HoN. Frank B. Smith, Judge. Action- by James Keen, Jr., by Janies Keen, guardian ad litem, against the City o-f .Mitchell, to re-cover for damages for personal injury. ..From a judgment for -plaintiff, and from.an order denying a new -trial, -defendant appeals.

HoN. Joseph W. Jones, Judge. Action by Robert Jelinski, against Frank J. Ruml, to determine adverse claims to' realty. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. (3) To ¡point three of the opinion, Appellants cited: Jorgen-sen B. Griffin 14 Minn. 349.

HoN. Thos. L. Boucic, Judge. Petition to change a section line road, and to extend a street in an .incorporated1 town, to a section line road. From an order of the joint board's of the incorporated1 town, and the township of Andover, A. T. 'Cooper and others separately appealed.

HoN. Jajíiís McNUnky, Judge. The defendant, Charles Stewart, was convicted of assault with a dangerous weapon, with intent to> do great bodily harm, without justifiable cause, and he appeals. (2) To point two of the opinion, Appellant cited: State v. Gifford, (Wash.) 53 Pac. Jog; State v. Morgan, (Wash.) 58 Pac. 215; Const. Art. 6, >Sec. 7. Respondent cited: Code Crim. Proc.

Hon. FRANK B. Smiti-i, Judge. Action by W. B. Kelly, against J. W. James, to recover damages resulting from1 injury to plaintiff's buggy from- collision with defendant’s automobile. From- a judgment for plaintiff, and from an order-denying a motion for new -trial, defendant appeals. (1) To -point one of the opinion, Appellant cited: Pol. Code, Sec. 1766; City of Bellingham v. Ci-sna (Wash.) 87 Pac. 481. (2) To point two of the opinion, Appellant cited: Pol.

<p>Attachment — Dissolution of Attachment — Grounds of Motion to Dissolve — Burden of Proof.</p> <p>Upon motion to dissolve an atachment, issued on affidavit that defendant has assigned and disposed of property, and is about to assign, dispose of and secrete his property, with intent to defraud creditors, held, in view of affidavits of defendant and his wife, each averring that the property in question was owned by tbe defendant’s wife, that the defendant husband’s name was inadvertently inserted in the deed as grantee, that said land was exchanged for certain real and personal property, which latter was the subject of tbe attachment, that it was agreed between defendant and bis wife that the title to all property received in said exchange should he taken in the name of the wife as her property; that immediately after said deed was received, and to carry ou:t said agreement, the husband executed and delivered to his wife a warranty deed thereof and a hill of sale of all said personalty; that the wife was in possession thereof and exercising acts of ownership over the same, and that the transfer was made in good faith’, and not for the purpose nor with intent to defraud, etc., creditors; defendant’s affidavit further denying that he has assigned or disposed of his property with intent to defraud creditors; that, in the absence of any affidavits or other evidence in denial or rebuttal of the showing thus made, the trial court erred in refusing to dissolve the attachment; the effect of defendant’s affidavits being to cast upon plaintiff the burden of proving facts constituting the alleged grounds of attachment.</p>

Hon. Thomas L. Boucic, Judge. Election 'contest, by J. F. Porter, against J. C. Knapp and others, to determine the result of an election in the city of Sis-seto-n, Roberts' County, South Dakota, upon the question of licensing of sale of intoxicating liq.uors. From an order made before the hearing of a motion to confirm the report of referee, refusing to allow same to' intervene, R. C. Shearer appeals.

<p>Appeal from Circuit Court, Marshall County. PIoN. Thomas L. Boucii, Judge.</p> <p>Action by the First National Bank of Plecla, against J. L. Michael. From an order denying defendant’s, motion to- dissolve attachment, he appeals.</p>

Hon. Frank B. Smith, Judge. Action- by Albert Wolfgram, against E. E. Dill and another, co-partners as Dill & Vessey, and others, -to recover damages for fraud and deceit in a land ¡purchase. From, a judgment dismissing ¡the action, after a motion to direct verdict, plaintiff appeals. (4) To point four of the opinion, Appellant -cited: Tucker v. Hyatt, (Ind.) 44 E. R. A. 129; Patch M-fg. Co., v. Protection Lodge, (Vt.) 60 Atl. 74; Gardner v. Preston, (-Conn.) 2 Am.

HoN. Joseph W. JONES, Judge. Action by Frank Febl'hafer, by his guardian at litem, Della A. Fehlhafer, against Joe Reiners, to recover on quantum meruit for services rendered. From a judgment for plaintiff, and frooi an order 'denying a new trial, defendant appeals. (2) ' To.point two1 of the opinion,' Appellant cited: Rockwell v. Costrain,'42'¡Pac!

Hon. Fiíank B. Smith, Judge. In the matter of the estate of Henry Kirfel, deceased. Claim, 'by Rose Kirfel, opposed1 by Theresia, Crampton. The claim was allowed by ithe county court, and on appeal to> Circuit Court was disallowed1, and claimant appeals. (2) To point two of the opinion, Appellant cited; Prob.

A-ppeal from Circuit Court, Minnehaha -County. Ho-N. Joseph W. JONES, Judge. Action by James- L. Ingalls-, agains-t Ole Gunderson and A. N. Helgerson, to -determine adverse claims to- realty. From a judgment for defendants, and from an order denying a new trial, plain-tiff appeals. (i) To point one -of the opinion, Appellant cited: Griffin v. Brown, (la.) 149 N. W. 833; Kellar v. Harrison, (la.) 128 N. W. 851; Hess v. Rudder, (Ala.) 67 Am.

Appeal^ from- Circuit Court, Moody County. Hon. Joseph W. Jones, Judge. Will -contest by Annila Ekern and1 others, against Peter Erickson and -others, began in probate -court, where the instrument was admitted- to* probate, and appealed by contestants to -the Circuit Court. From. judgment there for contestants, -and' from an order -denying a new trial, proponents appeal.

Hon. Card G. ShjvRwood, Judge. Action by Frank J. Reid, against J. K. Gorman, E. J. Dunn, as sheriff in and for Hamlin. County, South Dakota, W. S. Madden and others, to quiet title to realty, and seeking a decree: requiring the defendant sheriff to issue to him a sheriff’s deed upon foreclosure; defendant Gorman claiming an interest in the land as redemptioner under the foreclosure sale.

HoN. Carl G. Sherwood, Judge. Action by Henry W. Markus against Mabel C. Poulson, for specific performance of a contract of sale of realty. Prom a judgment for plaintiff, -and from an ¡order denying ¡a new trial, defendant appeals. (1) To> point o-ne of the opinion, Respondent cited1: Inlagen v. Gary, (S. D.) 147 N. W. 965. (2) To point two of the opinion, Respondent cited: Gilfillan v. Sohaller, 144 N. W. 133, (S. D.) ; Malloy v. C. M. 6- St. P. Ry.

Hon. Joseph W. Jones, Judge. Action by Wirt H. Allison, against' the Chicago, St. Paul, Minneapolis and Omaha Railway Go>., for damages to plainfifFs automobile resulting from- its being ran into' by defendant’s engine and train. Prom a judgment in favor of plaintiff, and from an order denying a new trial, defendant appeals. (1) To point one of the opinion, Appellant cited: McBeth v. A. F. & S. F. R. R. Co. 148 Pac. (Kan.) 621; Ry. Co. v. Harvey, 228 U. S. 319; Ry.

HoN. Cari, G. Sherwood, Judge. • J Action by Frances Flail, as administratrix of the estate of Frank Hall, deceased, against the Dakota Mutpa,l,Life Insurance Company, to recover upon a policy of life insurance. From a judgment in favor of plaintiff, and from' an order denying a new trial, defendant appeals. Appellant cited: Schmedding v. Northern Ass. Co. 136 N. W. 360; Banholzer v. N. Y. Life In. Co,' (Minn.) 77 N. W. 295 ;* Knickerbocker L. Ins.

Hion. Joseph W. Jones, Judge. Action by Charles A. Stockwell, ag'ainst The German Mutual Insurance Association of LeMars, to recover damages for loss of crops under a hail insurance policy. From a judgment in favor of plaintiff, and from an order denying a new trial, defendant appeals. (i) To point one of the opinion, Respondent cited. Condon v. DesMoines Mut. Hail Ass’n. (Iowa) 94 N. W. 477; Barry v. Parmer’s Mut. Ins. Assn. (Iowa) 81 N. W. 690.

ITon. Robert B. Tkipp, Judge. Proceeding in probate, in- which Alma Svendsen, plaintiff and petitioner, claiming to be the wife -of Neis P\ Svendsen-, deceased, filed in the county court a petition for her appointment as administratrix of said estate, the -defendants- and appellants, In-gar M. Svendsen, Jens Peter Svendsen, S. C. Svendsen, Maria Herrick, Rudolph Svendsen, Walter Svendsen, Lawrence Svend-sen, and Annie Larson, claiming to be next of kin of decedent, filed…

■Appeal from 'Circuit Court, Meade County. Hon. Wiuuiam G. Rice, Judge. The defendant, Edwin Southmayd, was -convicted) of murder, and from a judgment of conviction, and an order denying a new trial, he appeals. (1) To point one of the opinion, Appellant cited.

HoN. Joseph H. Bottum, Judge. Action by B, A. Eckhart, against Johannes Heier and others, for foreclosure of a realty mortgage. Erom an order overruling a demurrer -to- the c-omiplaint, interposed by the defendant, J. B. Gundert, s-ai-d- d!ef endian t appeals. Appellant cited1: Guaranty, as -defined by Black’s Law Dictionary; Indem-ity: Civ. Code, Sec. 1959; Elkins v. Timblin (Pa.) 25 Atl. 139; Brewster v. Countryman, 12 Wendell 446; Hoye v. Hansboro- (Miss.) I Ereem.

HpN. L®vi McGEU, Judge. Action 'by H. C. Quackembus'h, as administrator of the estate of Charles Anton Metzgar, deceased, to recover possession of personalty or its value, alleged to be the property of plaintiff’s decedent. From a judgment in favor of plaintiff, and' from an order denying a new trial, defendant appeals.

Lion.- Jamks McNENNy, Judge. Action by Francis B. Dewey, against -the Chicago, Burlington •& Quincy Railroad Company, for possession, of a portion of the street in front of plaintiff’s lot.

Appeal -from Circuit Court, Meade Count}’. . Hon. JamES McNenny, Judge.- Action' by Henry Truth, Administrator of William- H. Hall, deceased, against Ausna H. Bolt, now known and going under the name of Anna Cox, and' another, to foreclose a mortgage. From an order overruling a demurrer -to the complaint, defendants appeal.- (1) To point one of the'-opinion, Respondent cited: State v. Chicago, Milwaukee & St. Paul R. R. Co. 4 -S. D., 261: 56 N. W. 894.

HoN. Frank B. Smith, Judge. ' Proceedings 'by A. D. Boyd, against the Kimball City Independent School District, and another, involving an order of said district and its Board of Education in -expelling' appellant’s son from school. From a judgment of the trial -court, reversing the action of the school district and said board, defendants appeal. Respondent cited: Donohue v. Adeb-a-r et al., (S. D.) 149 N. W. 175; Farrar et al; v. Dand Company, 23 >S'. D. 525.

How. Joseph W. Jones, Judge. Action by Hugh Smith, 'trustee, against the Retail Merchants Fire Insurance Co. of South Dakota, from a judgment for Defendant. Plaintiff appeals. (1) To .point one of the opinion, Respondent cited: Copiah v. Eastwood, 145 N. W. 431.

Ho.n. Wiiajam, WlWVIAMSON, Judge. Will contest by Ellen Johnson and Marguerite Colder, against. Jean Shaver and Theodore Smith. The instrument having been admitted fo probate in the County Court, contestants appealed to-the Circuit Court. From a judgment there admitting the will to probate, contestants appeal. (1) To point one of the opinion, Appellants cited1: Jones-Cy.

Hon. Joseph H. Bottom, Judge. . . Garnishment proceeding's, by the Moreau. River State Bank, against A. M. Japinga, 'defendant, and A. H. Brown, garnishee. From a judgment in favor of garnishee, and -from: an order denying'a new trial, plaintiff .appeals. (1) To point one of the opinion, Appellant cited: Laws 1909, Ch. 156, Secs. 17, 6, 8, 9; Lockett v. Beaver, (Tenn.) 37 S. W. 140; Davis v. King, (Tenn.) 56 S'. W. 1041; Hanover Fire Ins. Co. .v. Connor, 20 Ill.

Appeal fnorn Circuit Court, Beadle County. Hon. Aiwa E. Taylor, Judge. Action in the nature of a creditor’s bill in aid of execution, by Edwin Keinn, against C. W, Rand, and1 wife. From a judg-m-ent for plaintiff, .'and from an order denying a new trial, defendants appeal. (i) To point one of the opinion, Appellants! cited: Kaser v. Haas, 27 Minn.'406; Seamans v. 'Carter, 15 Wis. 549, 82 Am.

Hon. Thomas E. Bouck, Judge. Action 'by A. Viland and' others, against the Board of Education of the Independent School District of Veblin, and other's, to enjoin defendant district from isuing- bonds for erection of a sdhoo-l'house, an'd the 'levying- and! collection of • -taxes therefor. From -a judgment for defendants, .plaintiffs appeal.

HoN. Joseph W. JONES, Judge. Action by Hlu'gfo Smith, Trustee in Bankruptcy, against the Security Mutual Fire Insurance Company of Chatfield, Minn., a corporation, to recover on a fire insurance policy. Erom a judgment for plaintiff, and from an order denying a new trial, defendant appeals. Appellant cited: Retail Merchants Fire Insurance Company 137 N. W. Rep. 46, 42 E. R. A. (N. -S.) 173; 29 S. D. 338, Sec. •2, Chap. 164, Raws lof 1909.

HoN. Thomas L. Bouck, Judge. Action by S. W. Williams, against the Union Switch and Signal Company, a corporation, to recover damages for personal injuries to plaintiff as a passenger of defendant. From a judgment for defendant, and from an order denying a new trial, plaintiff appeals. !>• O (i) -To point one of the opinion, Appellant cited: Peterson Seattle Traction Co., 63 Pac. (Wash.) 539, 53 L- R. A. 586; ’Bierne v. Stafford, 87 Atl.

Hon. John F. Hughes, Judge. Action by John M. Freese against the city of Pierre, S. D., seeking, among- other relief, to have certain street grade special assessments adjudicated upon :as to their validity, for a reassessment, if invalid, and for alternative relief 'by way of judgment against the city for the unpaid cost of grading, if reassessment cannot be mlade. rrom a judgment for plaintiff providing for a reassessment, but containing no provisión for deficiency judgment…

Hon. William William so N, Judge. Action by S. L. Denton, against S. E. Butler, to recover for plowing done. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals.

<p>Appeal from 'Circuit Court, Roberts County. Hon,. Thomas I/. Bouck, Judge.</p> <p>(2) To point two of the opinion, Appellant cited: Funk-v. Waynesboro School Dist. (Pa.) 10 Asti. 427;'Lewis on Eminent Domain (3d1 Ed.) 995; 2 Dill Mun. Oorp. (3d Ed.) Sec. 609; Chicago, etc., R. Co. v. Gates, (Ill.) N. E. 527.</p> <p>(4) To point four of the opinion, Appellant cited: O’Neill v. Freeholders, etc., 41 N. J. L. 161, 172, 173; Dist of Columbia v. Hess et al, 28 L. R. A. (N. S.) 91; Manion v. Louisville, St. L. & T. R. Co., 90 Ky. 491, 14 S. W. 532; Simpson v. Kansas City, hi Mo. 237, 20 ¡S. W. 38; Lewis,. Eminent Do-m-an, (3d. Ed.) Secs. 955, 656; 7 Enc. PI. & Pi\, 674; 15 Cyc. 937; New Orleans etc., R. Co. v. Jones, 68 Ala. 48; 'Const., Art. 6, Sec. 13; Code Civ. Proc., Secs. 877, 875, 855; City of Lidgerwood v. Michalek et al., (N. D.) 97 N. W. 541; Brokaw v. Terre Haute, ■97 Ind. 451; Denver & C. R. Co. v. Lamborn, (Colo.) 8 Pac. 582; -Chicago v. Barbián, 80 Ill. 482.</p> <p>Respondent cited: 30 Am. & Eng. Ann. Cases, 1058; Oar-son v. Hartford, 48 Conn. 68; Chicago Ry. Co. v .Truman, 18 Idaho 687, 112 Pac. 210; Grume v. Wilson, 104 Inch 583, 4. N. E. 169; Dietrichs v. Railroad Co.,. 12 Neb. 225, 10 N. W-718; Pollard v. Moore, 51 N. H. 188; Sprague v. Northern Pacific Ry. Co., 100 N. W. 842; People ex rel. v. Highway ComTs., 188 Ill. 150, 58 N. E. 989; Matter of Rhinebeck & CR. R. 'Ooi., 67 N. Y. 242; Matter of Widening Broadway, 61 Barb. 483, 49 N. Y. 150.</p> <p>C. C. P., Sec. 857; Bardstown etc., Go. v. Nelson Co., 109 Ky. 800; In re Waverly Water Works Co., 85 N. Y. 478-481; Sprague v. Ntorthern. Pacific Co., 100 N. W. 842.</p>

in favor of plaintiff, and1 from an order denying a new trial, de- Appeal from Circuit Court, Lawrence County. HoN. Jamtís McNSNNY, Judge. Action by James D. Hjardin, against Burt Rogers and others, to recover damages for destruction1 of papers. From a -judgment in favor of plaintiff, and from an order, denying..a. new trial defendant Graham appeals.

Alva E. Taylor, Judge. Action by Mary Bergerson, against Minneapolis & St. Louis; Railway Company, to recover damages for personal injury, from a judgment for plaintiff, and from' an order denying a new trial,, defendant appeals. (2) To point two of the opinion, Appellant cited: Pendrojr v. G. N, Ry. Go. 1x7 N. Y. p-. 531; Hope v. G. N. Ry. Co.. 122 N. W. p. 997.

Action by Paul Just, against Martin Brothers Company, foi damages1 for false imprisonment. Prom an order overruling demurrer to the complaint, defendant appeals. (2) To point two of the opinion, Respondent cited: Code Civ. Proc., Sec. 144.

Hon. Card G. Sherwood, Judge. Action by The National Bank of Wheaton, Minn., against Frank Elkins, sheriff of Codington County, and others, for conversion of grain. From a judgment for defendants, and from an 'order denying a new trial, plaintiff appeals. (1) To point one of -the opinion, Respondent cited: Her-mann v. Min-nekota Elevator Go. (N. D. 1914) 145 N. W. 821; Savings Bank of Earchwood- v. -Canfield et ah, (S. D. 1900) 81 N. W. 630.

Hon. Frank M'cNudty, Judge. Action by Clement F. Porter, against John W. Steinmetz, to quiet title to realty. From a judgment for plaintiff, and from an order denying- a new trial, defendant- appeals.

A-ppeal- from Circuit Court, Kingsb-ury County, Hon. Auvia E. Tayloe, Judge. The defendant, Emil A. Syverson., was convicted of the offense of receiving a deposit -after -he h-ad notice that the bank, of which he was an officer, was insolvent, and he appeals. On motion to strike -out the printed record.

Hon. Frank B. Smiti-i, Judge. Action by F. A. Heilman, -continued after his decease by U. S. Evans, as his executor, against B. E. Heilman, to exclude defendant from any interest in certain realty. From a judgment for defendant, and form an order denying a new trial, plaintiff appeals. (1) To point lone of the opinion, Appellant cited: Ill. Stat. 1911, Oh. 41, Secs. 10, 11; Gorham v. Dodge, 122 Ill. 528; Wo.ol-ley v. Schrader, 116, Ill. 29; Buchanan v. McLennan, 192 Ill. 480.

Hon. Joseph H. Bottum, Judge. Proceeding by the City of Milbank and another, against the Dakota Central Telephone Company and another, before the Board of Railway Commissioners, to require physical connection between the Grant County Telephone Company and the Dakota Central Telephone Company.

<p>Original proceedings in the Supreme Court, for disbarment of H. O. Webb, attorney.</p>

HoN. LkV3 McGftU, Judge. ■ Action by Charles M. Wi-lcbx, ■ against the McCain Land & Live Stock Company, and others, sureties, to -recover upon a promissory note. From a judgment for defendant sureties, and from an order denying a new trial, plaintiff appeals. (1) To point one of the opinion, Appellant cited: Wind-horst v. Bergendahl, 21 S. D. 218, in N. W. 544; Nib-lack v. Champeny, 10 S. D. 165, 72- N. W. 402; 7 Cye. 875.

Hon. Cart,. G. ShERwood, Judge. Action by Sam Purcell, against the International Harvester ■Company of America, a corporation, for cancellation of purchase money notes and for rescission of a contract of saile of an. .engine purchased from dafemdanlt; defendant counterclaiming upon the notes. From a judgment for defendant, and from, an order denying a new trial, plaintiff appeals. (i) To point one of the opinion, Appellant cited: Code Civ. Proc.

<p>Original proceedings in Supreme Court. Application for disbarment -of 'Samuel C. Poley, an- attorney.</p>

Appeal' froim Circuit Oourt, Stanley Gotanty. Hon. Levi McGee, Judge. The defendant, John Hayes, was 'informed' against for forgery, From- an order granting- a motion in arrest of judgment, and discharging defendant from custody, the state appeals. (i) To point one of the opinion, Appellant cited: Code Civ. Broc., Sec. 229; Laws 1913, Chap. 242. (3) To point three of the opinion, Appellant cited: Pen. Code, Sec. 587, 585; 4 Blackstone’s Commentaries, 247; 2 Bishop’s Crim.

HoN. Joseph W. Jones, Judge. Action by the Minneapolis Threshing Machine Company,. against M. W. 'Calhoun, with- Giles E. Pettigrew, as garnishee, and the First National Bank -of Flandreau, S. D., and others, impleaded as defendants. From a judgment for defendant's, and from an- order denying a new trial, plaintiff appeals. (1) To point one of the opinion, Appellant cited: 7 Cyc. 47 and cases cited; New Eng. Mortgage S-ecur.

Action' 'by William A. 'Caldwell and another, against P. E. Piérson and Sara T. Mcllvaine, to quiet title. From a judgment for .plaintiffs, defendant Mcllvaine appeals.. (2) To point two of the opinion, Respondent cited: Laws -1909, Chap.-194; Hardy v. Woods .(S. D.) , 132 N. W. 692; Rector & Willhelmy v. Maloney (S. D.) 88' N. W. 575; Barry >7Woods'(S. D.), 146 N. W. 577: Hogson v. State Finance Co. .(N D.), 122 N. W. 336.

County. Hon. Carl G. Sherwood, Judge. Bastardy proceedings by the State, on the relation of Bertha Kiihl, against Roy Chambers. .From a judgment against defendant, and from an .order denying a new trial, defendant appeals. (i) To point one of the.opinion, Appellant cited: Healey v. Wright, 3 K. B. 299; 28 A, C. 1047; Welch v. Cilbern,- 94 Miss. 443;. 19 A.-G. 388, and note; 3-Eneyc. of R. & P-.; 275 5-4 Stand.

HoN. JaMKS McNUNNSy, Judge. In the matter of the estate of John N. H-a'wgood, deceased.' From an order for final 'dis-ti-ibution, ’ the widow and the -executors separately appealed; certain legatees cross-appealing.

The defendant, Herman S’onnenschien, was convicted of t'he larceny of cattle; and from tiie judgment of conviction, and from an order denying a new trial, be appeals.

Hon. Ai,va E. Tayror, Judge. Action 'by John W. Kettering and another, against Roy C. Barber and 'Others, to recover a crop of wheat, etc., or its value. From a judgment for defendants, and from an order denying a new trial, plaintiffs appeal. (1) To point one of the opinion, Appellants cited:'Stout v. Keys, 2nd Doug., (Mich.) 184, 43 Am.

Hon. Alva. E. Tayloe, Judge. Action by the First National Bank of Canton, S. D., against J. Baldridge, for conversion of mortgaged property. From a judgment for plaintiff, and from an order denying a new trial, •defendant appeals.

HoN. Ti-ios.' L. Boucic, Judge. Action by Mary E. Raymond, against W. F. Corrigan and another, for false imprisonment. From an order, overruling a demurrer to the complaint, defendants appeal. (2) To point two of the opinion, Appellants cited: Con-nelly v. Am. Bonding & Trust Co. (Ky.) 69 S. W. 959; 12 Am. & Eng. Enc. 724; 19 'Cyc. 359; King v. Weed (Wis.) 51 N. W. 1011; Richardson v. Dybedahl, et al, 14 S. D. 126; Barker v. Anderson (Midi.) 45 N. W. 1108; Code Crim. Proc.

Hon. RobiíRT B. Tripp, Judge. Action by the Charles Mix County Bank, against Johnson Brothers Land Company, to recover interest on certain mortgage loans made with 'plaintiff bank's money. From a judgment for defendant ,and from an order denying a new trial, plaintiff appeals.

Appeal -from- Circuit Court, Sully County. Hon. John E. Hughes, Judge. Action to quiet title by'-Olías. F. Beck, against William Wol-lert and another, in which William- Spiegler intervened, claiming, as assignee of notes and mortgage, a lien upon the land superior to plaintiff’s interest. From a judgment in favor o-f intervener, an-d from a-n order -denying a new trial, -plaintiff appeals.

<p>Appeal from Circuit Court, Hyde County, Hon. Ai,va E. TayloR, Judge.</p> <p>Action by L. S. Drew, against H. E. Lawrence, to recover the value of .personalty sold 'by defendant, as sheriff, under execution.</p>

Hon. Alva E. Taylor, Judge. Action, by John S. Hepner, ag'ainst Grant Wheatley, to recover for goods furnished by plaintiff to defendant’s son. From a judgment for defendant on directed verdict, and from an order denying a new trial, plaintiff appeals. (1) To point one of the opinion, Appellant cited: Sprick Brothers Investment Company v. Whipple, 33 S. D. 287. Respondent cited: Royer v. Shultz Belting Co., 29 Fed. 281; Dryden v. Britton, 19 Wis. 22.

Hon. James McNenNEy, Judge. Action by Martha Alice Dustin, against the Interstate Business Men’s Accident Association, to recover upon an accident policy. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. (2) To point two of the opinion, Appellant cited; Sweeney v. Hewett, 34 S. D. 304. (4) To point four of .the opinion (first holding), Appellant cited: Globe Accident Co. v. Gerisch, 163 Ill. App. 625, 45 N. E. 563.

<p>Original proceedings in the Supreme Court, in disbarment, against. Georg-e W. Egan. On application for taxation of costs.</p>

<p>1. Appeals — Sufficiency of Evidence — Brief—Statement of all Evidence, Necessity, for Review.</p> <p>Where appellant did not make it affirmatively appear that the brief contained a statement of all material evidence received upon trial, the Supreme Court cannot consider sufficiency of evidence to justify verdict.</p> <p>2. Appeals — Ruling on Evidence, Cured by Subsequent Evidence— Harmless Error.</p> <p>An adverse ruling on offered evidence, if erroneous; was cured»by defendant being afterwards permitted to testify as to the same matter.</p>

Hon. Fi-ank B. Smith, Judge. The defendant, Charles A. Hueremann, was convicteo of assault, and he appeals. (i) To point one of the opinion, Appellant citec Code, Crim. Proc. Sec. 453; Territory v. Christensen, 4th Dakota, 410; State v. Evans, 12 S. D. 473; Martin v. Smith, 11 S. D. 437; Conradt v. Eepper, 78 Pacific, page 1, 3 Ann Cases, 630 and note; Mills v. Fisher, 16 E. R. A. (N. S.) 656; Chapter 146, Laws •1915; Note in 10 L. R. A. (N. S.) 443.