Church v. Foley
South Dakota Supreme Court
Appeal from circuit court, Codington county. Hon. J. 0. Andrews, Judge. Action in claim and delivery. The court directed a verdict for plaintiff, and from a judgment entered thereon defendant appeals. The facts are stated in the opinion. The complaint does not state facts sufficient to constitute a cause of action. Cobbey, Repl. § 12; § 568; Draper v. Ellis, 12 la. 316; Willis v. DeWitt, 3 S. D. 281, 52 N. W. 1090; Staley etc. Co. v. Wallis, 21 Mo.
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Appeal from circuit court, Codington county. Hon. J. 0. Andrews, Judge. Action in claim and delivery. The court directed a verdict for plaintiff, and from a judgment entered thereon defendant appeals. The facts are stated in the opinion. The complaint does not state facts sufficient to constitute a cause of action. Cobbey, Repl. § 12; § 568; Draper v. Ellis, 12 la. 316; Willis v. DeWitt, 3 S. D. 281, 52 N. W. 1090; Staley etc. Co. v. Wallis, 21 Mo. App., 128; Hines v. Chambers, 11 N. W. 129. The amended complaint is sufficient. “Actual possession of property accompanied by an equitable…
1Opinion of the CourtCorson, P. J.
This is an action in claim and delivery to recover possession of a stock of goods. A verdict was directed for the plaintiff, and from the judgment entered thereon, and from the order denying a new trial, the defendant appeals.
A demurrer was interposed to the amended complaint in the action upon the ground that there was a defect of parties plaintiff, in that it appeared therein that the Watertown National Bank was the real party in interest, and also upon the ground that the complaint did not state facts sufficient to constitute a cause of action. The material parts of the amended complaint…
2Cases cited4 opinions
- Sandwich Manufacturing Co. v. MaxSouth Dakota Supreme Court · 1894
- Grigsby v. Western Union Tel. Co.South Dakota Supreme Court · 1894
- Yankton Fire Ins. v. Fremont, E. & M. V. R.South Dakota Supreme Court · 1895
- Howard v. DwightSouth Dakota Supreme Court · 1896
3Cited by1 opinion
- Hirsch v. SchlenkerSouth Dakota Supreme Court · 1898