Reports of Cases Decided in the Supreme Court of the State of South Dakota, Volume 28Carter Publishing Company, 1912 - Court rules |
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Page 2
... purchase price it is invoked . 29 Am . & Eng . Enc . Law 2nd Ed . 748 . Schrader & Lewis for respondent . When a new railroad company succeeds to the rights and property of an older company , enters upon land appropriated by its ...
... purchase price it is invoked . 29 Am . & Eng . Enc . Law 2nd Ed . 748 . Schrader & Lewis for respondent . When a new railroad company succeeds to the rights and property of an older company , enters upon land appropriated by its ...
Page 6
... said former company to have a valid right of way , over and across said land , and after its purchase of said railroad . and appurtenances this defendant expended over $ 700,000 to com- 6 [ June , SOUTH DAKOTA REPORTS .
... said former company to have a valid right of way , over and across said land , and after its purchase of said railroad . and appurtenances this defendant expended over $ 700,000 to com- 6 [ June , SOUTH DAKOTA REPORTS .
Page 7
... purchased the said railroad or made the said expenditure ; that the plaintiff slept upon his rights , if he has any , more than 16 years before this action and never , until this action , brought any suit or other proceedings to obtain ...
... purchased the said railroad or made the said expenditure ; that the plaintiff slept upon his rights , if he has any , more than 16 years before this action and never , until this action , brought any suit or other proceedings to obtain ...
Page 20
... purchase , under right of eminent domain , or by prescription . Why should not the owner of land that has been taken with- out compensation be allowed to say to one who took his land un- der circumstances such as appear in this case ...
... purchase , under right of eminent domain , or by prescription . Why should not the owner of land that has been taken with- out compensation be allowed to say to one who took his land un- der circumstances such as appear in this case ...
Page 21
... purchase or condemnation ; you were therefore not an innocent purchaser ; and , when you took said premises and continued to use the same for right of way , you took them subject to the rights which I had in same . " I would call ...
... purchase or condemnation ; you were therefore not an innocent purchaser ; and , when you took said premises and continued to use the same for right of way , you took them subject to the rights which I had in same . " I would call ...
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Common terms and phrases
acre affidavit affirmed agent agreement alleged amount Appeal from Circuit appellant's assigned authority bank Beadle county Branch Mint cause of action charge circuit court civil township claim Code commenced complaint constitute contended contract corporation court of equity damages decision decree deed defendant's demurrer district eminent domain entitled error evidence fact favor fendant glandered ground held horses instruction interest issue Judge judgment jurisdiction jury land lease lessee license lien ment Minnehaha County mortgage motion negligence notes notice objection Opinion filed order denying overruling owner paid party payment Pennington County person plaintiff pleaded possession premises provides purchase question quiet title railroad real property reason received record recover respondent reversed rule sewer South Dakota statute sufficient supra survey sustained testified therein thereof thereto tion township transaction trial court verdict votes Whitehouse witness
Popular passages
Page 493 - The General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms, shall not equally belong to all citizens.
Page 235 - THIS INDENTURE, made this day of , in the year One thousand, nine hundred and , between of , the party of the first part...
Page 697 - The detriment caused by the breach of an agreement to purchase an estate in real property, is deemed to be the excess, if any, of the amount which would have been due to the seller, under the contract, over the value of the property to him.
Page 35 - ... road or street, under a penalty of fifty dollars for every neglect, to be paid by the corporation owning the railroad...
Page 591 - ... the applicants, and they shall be at liberty to obtain the same at the most reasonable rates, and they shall also be at liberty to employ any United States Deputy Surveyor to make the survey.
Page 541 - When any of the matters enumerated in section forty do not appear upon the face of the complaint, the objection may be taken by answer. SEC. 45. If no such objection be taken, either by demurrer or answer, the defendant shall be deemed to have waived the same, excepting only the objection to the jurisdiction of the court, and the objection that the complaint does not state facts sufficient to constitute a cause of action.
Page 92 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Page 149 - An indorsee in due course is one who, in good faith, in the ordinary course of business, and for value, before its apparent maturity or presumptive dishonor, and without knowledge of its actual dishonor, acquires a negotiable instrument duly indorsed to him, or indorsed generally, or payable to the bearer.
Page 32 - This is an action to recover for personal injuries alleged to have been caused by the negligent operation of one of the defendant's engines.
Page 17 - Private property shall not be taken for public use, or damaged, without just compensation as determined by a jury, which shall be paid as soon as it can be ascertained and before possession is taken.