Hawkins v. Hubbard

Citations

• 2 S.D. 631
• 51 N.W. 774
• 1892 S.D. LEXIS 26

Syllabus

<p>1. An appeal from a judgment and from an order overruling a motion for now trial, made after judgment, on the ground of insufficiency of the evidence to sustain the verdict, will not be dismissed as a double appeal. Hackett v. Gunderson, (S. D.) 47 N. W. Rep. 546, distinguished.</p> <p>2. The contract of pledge, independent of any agreement, collateral or implied from the circumstances of the case, is that the pledgee shall hold the thing pledged to secure the performance of the thing promised to be done.</p> <p>3. The use of the property pledged, either as compensation for its keeping or otherwise, unless consented to by the pledgor, is forbidden by statutory provisions, more particularly noticed in the opinion.</p> <p>(Syllabus by the Court.</p>