15 S.D. 410 | S.D. | 1902
This case was decided at a former term of this court, and reported in 14 S. D. 33, 84 N. W. 211. A petition for rehearing was granted, and the case is now before us on such re
It is further contended by the appellant that the amendment to the miner’s lien law, made in 1895, impairs the obligation of the mortgage contract, for by its terms it would postpone the lien of the mortgages to a miner’s lien which was filed more than one year after the first mortgage was recorded, and four months after the
The contention of the counsel for the respondents that the assignments of error are insufficient to enable the court to review the questions presented on the appeal in this case is untenable. We are of the opinion that the assignments of error are sufficient to enable the counsel and court to understand what errors are relied on for a reversal of the case.
So much of the opinion as directs a modification of the judgment appealed from is disaffirmed, and the judgment of the circuit court as to defendant John J. Farrar and the Pennington County Bank is affirmed, and the judgment, so far as it affects the Cong-don Hardware Company, is reversed, and a new trial as to that company is ordered.