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SMITH v. TEMPLE

No. 10371.

152 N.W.2d 547 (1967)

Michael V. SMITH, Special Administrator for the Estate of Ambrose Hunter, deceased, Plaintiff and Appellant, v. Douglas TEMPLE, Georglanna Temple and Ward Ellis, Defendants and Respondents.

Supreme Court of South Dakota.

August 24, 1967.

Attorney(s) appearing for the Case

Whiting, Lynn, Freiberg & Shultz, Rapid City, Martin Farrell, Hot Springs, for plaintiff and appellant.

Costello, Porter, Hill, Banks & Nelson, Rapid City, for defendants and respondents, Douglas Temple and Ward Ellis.

Norman K. Blatchford, Hot Springs, for defendant and respondent, Georgianna Temple.

HANSON, Judge.

Plaintiff appealed from orders dismissing his complaint on jurisdictional grounds. After perfecting his appeal plaintiff died and defendants moved for summary affirmance. However, on June 2, 1967, this court allowed Michael V. Smith, as special administrator of the Estate of Ambrose Hunter, to be substituted as party plaintiff. The order allowing substitution disposed of defendants' pending motion.

The appeal presents the important and perplexing...

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