Shearer v. Hutchinson County
South Dakota Supreme Court
■ Appeal from circuit court, Hutchinson, county. Hon. E. G. Smith, Judge. Action for services, commenced in justice’s court, and taken on appeal by defendant to the circuit court. Before the trial in justice’s court, the complaint was amended by striking out the names of all the plaintiffs except Shearer.
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■ Appeal from circuit court, Hutchinson, county. Hon. E. G. Smith, Judge. Action for services, commenced in justice’s court, and taken on appeal by defendant to the circuit court. Before the trial in justice’s court, the complaint was amended by striking out the names of all the plaintiffs except Shearer. Prom a judgment in favor of plaintiff for part only of the amount claimed, and in favor of defendant for all costs accruing after an offer of judgment was made by it in justice’s court, plaintiff appeals. The facts are stated in the opinion.
1Opinion of the CourtCorson, P. J.
The plaintiff and appellant instituted this action in a, justice’s court, in the name of himself and three others as plaintiffs. The defendant made ah offer, under the provisions of Sec. 6108, Comp. Laws, to allow judgment to be taken for the amount therein specified. This offer was refused on the trial of the case in the justice’s court, the plaintiff moved to amend his own complaint by striking out the names of the other three persons named as plaintiffs; and this motion being granted, the action proceeded in the name of the present plaintiff, who recovered judgment in the justice’s court…
2Cases cited1 opinion
- Kautz v. VandenburghNew York Supreme Court · 1894