MENNO STATE BANK v. CITY OF MENNO

No. 13468.

318 N.W.2d 914 (1982)

MENNO STATE BANK, a corporation, Plaintiff and Appellee, v. CITY OF MENNO, South Dakota, a municipal corporation, Merritt E. Ulmer, Annette C. Seydel, Edleen G. Ruff, Formerly Edleen G. Ulmer and Elsie Marie Grow, formerly Elsie Marie De Camp, Defendants and Appellants.

Supreme Court of South Dakota.

Decided May 5, 1982.


Attorney(s) appearing for the Case

Ellsworth E. Evans and Michael L. Luce of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for plaintiff and appellee.

Richard D. Hagerty, Yankton, for defendants and appellants.


MORGAN, Justice.

Edleen Ruff appeals from the denial of her motion to vacate a judgment issued after our remand in the case of Menno State Bank v. City of Menno, 297 N.W.2d 460 (S.D.1980). Since the filing of the motion to vacate and our remand, circumstances have arisen which dispose of this appeal.

On July 1, 1980, Edleen Ruff transferred her interest in property, which is the subject of this litigation, to Merritt...

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