Opinion

Newton v. Erickson

  • 73 S.D. 228
  • 41 N.W.2d 545
  • 1950 S.D. LEXIS 6
Court
South Dakota Supreme Court
Filed
Feb 27, 1950
Status
Published
Author
Hayes
On the bench
Sickel, Rudolph, Hayes, Roberts, Smith
Cited by
17 cases

The opinion

HAYES, P. J.,

(specially concurring). I concur in the opinion by Sickel, J., with the exception of the statement therein, to-wit: “In the 1937 quiet title, action the circuit court had jurisdiction of the subject-matter and of the parties in the fundamental sense, * * *”.

Assuming that the phrase, “jurisdiction of the subject-matter”, is used here in referring to the nature and form of the proceeding instituted in circuit court in 1937 I readily subscribe to the quoted declaration. On the other hand, if this phrase is intended to imply that the circuit court had jurisdiction in any sense over the unambiguous county court decree I desire not to be bound by such implication.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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