Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1879-09-25

Jhe Daily 4rfSs aud 2ststsiss
vANkToN DAKOTA
thursday Evening, Sept. rs, 1879.
OPINIONS OF THE SUPREME COURT.
PUBLISHED by AUTHORITY.
49, ~
E. G. SMITH. Reporter.
DECEMBER TERN, 1873.
ELIZABETH A. WAxBoLz R~e.ponde.,
OBED FooTE, AppeNsAk.
In THE SUPREME CouRr OF THE TERRI.
TORY OF DAKOTA, AT THE JUNE TERl,
1873. -
CONTINUED from the 2l.l 4at
1t may admit Of much doubt whether the
deed vas not invalid on its fce, for smother
reason. The amended ordinance, ~ has
been stated, declares that the sale skdn take
place on the third Monday Of February.
But the deed shows that the saie did not
take place on that day, but on . subsequent
day ; and it contsina NJ ~recitals explainipg
the disregard Of the day designated BY the
and the selection Of q different
day. 9aa
Il does not recite any offer publicly to sell
on the day positively fixed, and is silent ~
to any lawful adjournment, il any there
Was.
[Williams '. Kirkland, 10 WALL. 800;
French '. Edwards, 10 ID, 5O6.l
By the, ninth conclusion Of Law 81 the
district court biased on the 22d fnding) the
defendant. and appellant, is at liberty to
take from the clerk the sixty.nine dollars
and eight cents, paid over to him BY the
city treasurer-the money paid by plaintiff
to the treasurer 10 redeem said lande from
the city taxes. aa
The court below decided that the said
t~reasurer's deed is imperative and void
and, on review of all the findings ID relation
thereto NO error is discovered IN such con-
clusion.
Whether the husband, Charles Wambole,
acquired any interest or estate in the lands
by virtue Of BIZ, marriage to the plaintiff in
1865 {; and If 90, what effect was produced BY
his joining in the two deeds Of May, 1856,
are questions which are not in this case. and
which must remain undetermined until they
properly arise. The judgment herein, il
no manner or form affects these questions.
The appeal in this csse was taken only
from the judgment /; and the notice contain,
no mention Of the order denying a new trial
y is true that upon appeal from . judgment
this court has authority to review any inter
mediate order, ruling, or decision, inSolvini
the merits, and necessarily affecting th'
the judgment; but does this power, Of itself
include any other matter of review; than q
common law? By the latter rule, = nsv
trial was Discretionary only, in the trial
court ; and the granting or refusing it va
not = subject of exception in error.
Insurance Co. '. Barton, Is Wallace
To extend the remedy was the object, i
would eeem, Of that portion of subdivision
2, section % of the code, which aspeci6call
provides for an appeal from an order in mel
trials. 1t is thus, in and of itself, . subjec
Of appeal. r. ugcss
Waslit not intended that, il . party feel
himself ,agsrieved by such ruling, he shoul
say 90. and appeal accordingly, in order 4
. correction Of findings OF Iverdicts, allege
to be unsuslained by the evidence? In othl
words, will this court review the svidspc
in . case, apart from Abe findings, miles, i
the mede expressly prescribed, to-wit,-b
appeal from the order?
Is Cal, 538 l code r. N. s., 364.l
But however this may be, and without de
Gliding the point 1t present. it is sufficient !
say that, upon examination, nc errors in til
findings of fact, material to the issues, ar
discovered.
As between the parties 10 this gactios
upon full and careful review o itha assign
ments of error, the judgment, Of decree, {
be o AFFIRMED.
[As to tax deeds, see generally, William
=. Peyton, 4Whsat, Is; Thatcher \. Powell
6 Wheat, 1l9; Ronkendorf '. Taylor,
Pet, $40; Alvord '. Collin, 20 Pick, AIS
Jackson '. Shepard, Z Cow, SO; Harringto
'. Worcester, 6akllen, 576; Abel Y. Cro1
II Iowa, l76; GonvaJlv. Cable, 81 Ill. SO
Morton '. Reeds, 6-Mo., "a /; Balance ,
Fonyth, 13 lHov.s l8;s4smes E..H1Stiles, l
Pet, 1922; Pillow '. Roberto, Is Now, AIS
Blackw. Tax Titles, AZ, and sases, cited
Blackw. Tax Title, 90. 81. l04, 4Sl ; Ferrl
'. Coover, 10 CAL, $50 Kelsay '. Abbot
Is CAL, = 600 Stewart '. insolvency, l
Wis, 472 Groesbeck Y. Seely,pl Mich
$40 Wright ", Durham. 13 Mich, Ala
Atkins w. Kinnan % Nsedy 24l;-Saith-,
Hilernan, l Scamm., 1923; Brown '. Veazi
rs Me-, 359; Langton ". Poor, 20 Yerm
13. eI y Etas@ lspN HhE
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