Gamble v. Keyes
South Dakota Supreme Court
Appeal from Circuit Court, Codington County. Hon. Carl G. Sherwood, Judge. Action by Elizabeth E. Gamble against E. R. Keyes for damages for -forcibly entering and injuring plaintiff’s house, assaulting her, etc. From an order refusing to strike out certain paragraphs of the answer and overruling a demurrer thereto, plaintiff appeals. (1) Under point one of -the opinion, Appellant cited: U. S. Const., Art. 6, Sec. ii; Const.
Read the full summary
Appeal from Circuit Court, Codington County. Hon. Carl G. Sherwood, Judge. Action by Elizabeth E. Gamble against E. R. Keyes for damages for -forcibly entering and injuring plaintiff’s house, assaulting her, etc. From an order refusing to strike out certain paragraphs of the answer and overruling a demurrer thereto, plaintiff appeals. (1) Under point one of -the opinion, Appellant cited: U. S. Const., Art. 6, Sec. ii; Const. S. D., Art. 6, Sec. ii; Laws 1907, Ch. 173; 35 Cyc. p. 1276; Lawton v. Cardell, 22 Vt. 524; Houghton v. Backman, 47 Barb. 388; People v. Noelke, 29 Hun 461, 101 A. S. R.…
1Opinion of the CourtSmith, J.
This is an appeal from an order of the trial court refusing to strike out certain paragraphs of an answer and from an order overruling a demurrer to such answer. Respondent has raised no question as to the regularity of the appeal, and for that reason we shall consider the merits of the case presented without considering -any .'question as to a double appeal. The complaint alleges that ,the plaintiff was the owner and in possession of a dwelling house, together with the furniture and *647other personal property therein, in the town of Henry, Codington county; that on August 17, 1914, the…
2Cases cited10 opinions
- McClurg v. BrentonSupreme Court of Iowa · 1904
- Bradner v. . FaulknerNew York Court of Appeals · 1883
- Newberry v. CarpenterMichigan Supreme Court · 1895
- State v. MadisonSouth Dakota Supreme Court · 1909
- Cullen v. DickinsonSouth Dakota Supreme Court · 1913
5 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- State v. LaundyOregon Supreme Court · 1922
- In RE McNEAR v. RhayWashington Supreme Court · 1965
- State v. PinaArizona Supreme Court · 1963
- State v. ParsonsNew Jersey Superior Court Appellate Division · 1964
- Gamble v. KeyesSouth Dakota Supreme Court · 1925
12 more not listed; retrieve them via the Exa API.