South Dakota Supreme Court February 8, 1926, File No. 5609 (Gilbert v. Schnuerle)

DILLON, J.

A statement of the facts in this case may be found in Schnuerle et al v. Gilbert et al, 43 S. D. 535, 180 N. W. 953. In this former case, Gilbert, respondent in the case now at bar, was a defendant with one Humphrey. In the opinion handed down in the former case, this court modified the judgment of the lower court by striking the name of Gilbert therefrom.