Fruth v. Bolt
South Dakota Supreme Court
Appeal -from Circuit Court, Meade Count}’. . Hon. JamES McNenny, Judge.- Action' by Henry Truth, Administrator of William- H. Hall, deceased, against Ausna H. Bolt, now known and going under the name of Anna Cox, and' another, to foreclose a mortgage.
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Appeal -from Circuit Court, Meade Count}’. . Hon. JamES McNenny, Judge.- Action' by Henry Truth, Administrator of William- H. Hall, deceased, against Ausna H. Bolt, now known and going under the name of Anna Cox, and' another, to foreclose a mortgage. From an order overruling a demurrer -to the complaint, defendants appeal.- (1) To point one of the'-opinion, Respondent cited: State v. Chicago, Milwaukee & St. Paul R. R. Co. 4 -S. D., 261: 56 N. W. 894. (2J To point two of the -opinion, Appellant cited: Hunter v. Wiats-on, 12 Cal. 382, 73 Am. Dec. 543.; Andrews v'. Wynn, 4 S-. D. 40.…
1Opinion of the CourtGates, J.
Action to foreclose a real estate mortgage. The defendants interposed a general -demurrer to- the complaint. From the -order overruling same, defendants -appeal.
[1] It is first urged that there is nothing in the -corn-plaint .to show that -defendant FDul-ett Land & Cattle Company, sued as an artificial being, had- any corporate existence. In one- -paragraph *394■of the .complaint the said1 -defendant is alleged to- be a' subsequent grantee of the property and is referred to as “a corporation of Hu-lett, Wyo.” As against a demurrer this is a sufficient allegation of the.corporate capacity of said…
2Cases cited1 opinion
- Polk v. Minnehaha CountySupreme Court Of The Territory Of Dakota · 1888
3Cited by2 opinions
- Fruth v. BoltSouth Dakota Supreme Court · 1917
- Fruth v. BoltSouth Dakota Supreme Court · 1917