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>