J. I. Case Threshing Mach. Co. v. Pederson
Citations
- 6 S.D. 140
- 60 N.W. 747
- 1894 S.D. LEXIS 137
Syllabus
<p>1. The notice to take a deposition must be reasonably specific as to the day and hour, but a deposition will not be rejected for the sole reason that the notice is uncertain as to the time of taking', when it states that such deposition will be taken at a certain place, between the hours of 10 o’clock a. m. and 5 o’clock p. m. of a day specified therein.</p> <p>2. The equitable owner of a judgment, being- the real party in interest, may in his own name institute and maintain an action thereon.</p> <p>3. Before the commencement of this action, plaintiff herein brought suit against the defendants on certain promissory notes, and defendants obtained judg'ment therein against the plaintiff for costs and a dismissal of the action, by alleging in their answer and by proving- at the trial that said notes had been, in a former action against them, merged in a judgment which was valid and in full force. It is therefore held in an action between the same parties on the judgment based on said . promissory notes, that defendants are estopped from denying the validity of such judgment.</p> <p>(Syllabus by the court.</p>
Judges: Fuller
Read full opinion on CourtListenerCited by
2 cases in this archive cite this case.
Cites
6 cases in this archive are cited by this case.
- Rogers v. HigginsIllinois Supreme Court· 1870-09-15· cited 42×
- Robbins v. DeverillWisconsin Supreme Court· 1865-06-15· cited 20×
- McCormick v. FiskeMassachusetts Supreme Judicial Court· 1885-01-07· cited 13×
- King v. State ex rel. HubbleIndiana Supreme Court· 1860-11-27· cited 10×
- Kittredge v. MartinMassachusetts Supreme Judicial Court· 1886-03-31· cited 8×
- Compton v. DavidsonIndiana Supreme Court· 1869-05-15· cited 2×
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.