¶1Smith, J., having" presided at the trial in circuit court-of the case of State ex rel. Simons v. Nyquist, 22 S. D. 200, 116 N. W. 754, declines to participate in the decision of this appeal 'believing himself -disqualified. In that case the vital issues of this appeal were involved. The remaining members of this court being divided upon the questions involved herein, and there being no provision of law for calling in a substitute judge, the order appealed from is affirmed by a divided court. No costs will "be taxed.
38 S.D. 446
State ex rel. Johnson v. Pike
Decided March 22, 1917
South Dakota Supreme Court · decided 1917-03-22
Hon. William WILLIAMSON, Judge. Procéeding by the State of South Dakota, on the relation of Charles A. Johnson, again.st A. E. Pike and others. From a judgment for defendants, plaintiff appeals.
Cited by 2 later decisions — most recently November 1933
1 state decisions
Relies on State ex rel. Simons v. Nyquist
Good law ✅— No negative treatment on recordhow we know
Affirmed by divided court · Decided 1917-03-22
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