Moore v. Persson
South Dakota Supreme Court
■ Appeal from Circuit Court, Lyman County. Hon. Frank B. Smith, Judge. Action by George Moore against Per Persson. From a judgment of the circuit court affirming the action of the justice of the peace in sustaining a demurrer to the complaint, plaintiff appeals.
1Opinion of the CourtFuller, P. J.
Whether damages are recoverable for the destruction of growing crops on unfenced land in Lyman county by cattle permitted to graze unrestrained is the ultimate question to be determined on this appeal from a judgment of the circuit court affirming the action of a justice of the peace in sustaining a general demurrer to appellant’s complaint.
Measured by the liberal rule of construction applicable to pleadings in justice court, we are inclined to hold that facts sufficient to constitute a cause of action are stated in the complaint,' if Lyman *291county is not exempt from the operation of what is…
2Cases cited3 opinions
- Kelsey v. Chicago & North Western Railway Co.South Dakota Supreme Court · 1890
- State ex rel. Berge v. PattersonSouth Dakota Supreme Court · 1904
- Meyer v. School District No. 31South Dakota Supreme Court · 1893
3Cited by2 opinions
- Hall v. UmikerSouth Dakota Supreme Court · 1973
- Hall v. UmikerSouth Dakota Supreme Court · 1973