quoted rule in South Dakota

1969Grand Crossing Land & Improvement Company v. City of Mobridge, 1917, 39 S.D. 574 , 165 N.W. 988 .

1969Grand Crossing Land & Improvement Company v. City of Mobridge, 1917, 39 S.D. 574 , 165 N.W. 988 .

1966The case of Brown Transport Corp. v. United Merchants and Manufacturers, Inc., 21 A.D.2d 303 , 250 N.Y.S.2d 440 , strongly relied on by the defendant, is not contrary to the quoted rule.

1966The case of Brown Transport Corp. v. United Merchants and Manufacturers, Inc., 21 A.D.2d 303 , 250 N.Y.S.2d 440 , strongly relied on by the defendant, is not contrary to the quoted rule.

1958The holding in Klingaman v. Fish & Hunter Co., 19 S.D. 139 , 102 N.W. 601 , seems to be at odds with the quoted rule.

1958The holding in Klingaman v. Fish & Hunter Co., 19 S.D. 139 , 102 N.W. 601 , seems to be at odds with the quoted rule.

1955Coolsaet v. City of Veblen, 58 S.D. 451 , 237 N.W. 555 , exemplifies the application of the quoted rule of construction in aid of rights of third persons.

1955Coolsaet v. City of Veblen, 58 S.D. 451 , 237 N.W. 555 , exemplifies the application of the quoted rule of construction in aid of rights of third persons.

1951It leans upon the elaborate holding In re Adoption of a Minor, 79 U.S.App.D.C. 191 , 144 F.2d 644 , 156 A.L.R. 1001 , in advancing the argument that it is reasonable to believe the legislature adopted the suggested policy as a means of promoting the adoption of children.

1951It leans upon the elaborate holding In re Adoption of a Minor, 79 U.S.App.D.C. 191 , 144 F.2d 644 , 156 A.L.R. 1001 , in advancing the argument that it is reasonable to believe the legislature adopted the suggested policy as a means of promoting the adoption of children.

1941Cf. Peck v. Peck, 51 S. D. 157, 212 N. W. 872 . *613 Our review of the evidence has resulted in a conclusion that it is insufficient to warrafit triers of the fact in finding that the mother did not in good faith receive the livestock described in the quoted instruction as a payment on a bona fide indebtedness, and that the judgment and order of the learned trial court must be reversed.

1941Jerke v. Delmont State Bank, 54 S. D. 446, 223 N. W. 585 , 72 A.L.R. 7 .

1941Jerke v. Delmont State Bank, 54 S. D. 446, 223 N. W. 585 , 72 A.L.R. 7 .

1941Accepting the quoted instruction, to which no exception was taken, as the law of the case (Zeigler v. Ryan, 65 S. D. 110, 271 N. W. 767 ), we examine the evidence from the aspects indicated therein, viz., with reference to (1) existence of a bona fide indebtedness, (2) whether the property was applied as a payment thereon, and (3) whether the mother acted in “good faith”, to determine whether the verdict is supported by substantial evidence (Wolff v. Stenger, 59 S. D. 231, 239 N. W. 181 ), or, stated in other words, to determine whether the verdict is defensible in point of sense.

1941Accepting the quoted instruction, to which no exception was taken, as the law of the case (Zeigler v. Ryan, 65 S. D. 110, 271 N. W. 767 ), we examine the evidence from the aspects indicated therein, viz., with reference to (1) existence of a bona fide indebtedness, (2) whether the property was applied as a payment thereon, and (3) whether the mother acted in “good faith”, to determine whether the verdict is supported by substantial evidence (Wolff v. Stenger, 59 S. D. 231, 239 N. W. 181 ), or, stated in other words, to determine whether the verdict is defensible in point of sense.