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NELSON v. JENSEN

No. 9727.

97 N.W.2d 630 (1959)

Robert E. NELSON, Administrator of the Estate of Gordon U. Nelson, Deceased, Plaintiff and Respondent, v. Thorval JENSEN, Defendant and Appellant.

Supreme Court of South Dakota.

July 13, 1959.

Attorney(s) appearing for the Case

Charles R. Hayes, Deadwood, Gale B. Wyman, Belle Fourche, for defendant and appellant.

Lem Overpeck, Larry M. Hamblin, Belle Fourche, for plaintiff and respondent.

NORBECK, Circuit Judge.

This matter has been before the court previously. The first trial was to the court without a jury and judgment was for the plaintiff. An appeal was taken on the grounds that defendant had been deprived of a jury trial; the judgment was reversed in order that a jury trial might be had. Our decision is reported in 76 S.D. 573, 82 N.W.2d 843.

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