Bon Homme County v. Berndt
South Dakota Supreme Court
Appeal from circuit court, Bon Homme county. Hon. E. G. Smith, Judge. Action by Bon Homme county, S. D., against Friedrich Berndt and another. From an order sustaining a demurrer to the complaint, plaintiff appeals. The facts are stated in the opinion. Where part of a statute is unconstitutional, the remainder •will not be so declared, if the two are distinct and separable so that the latter may stand. Ritchie v. People, 46 Am. St. 315; Cooley Const.
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Appeal from circuit court, Bon Homme county. Hon. E. G. Smith, Judge. Action by Bon Homme county, S. D., against Friedrich Berndt and another. From an order sustaining a demurrer to the complaint, plaintiff appeals. The facts are stated in the opinion. Where part of a statute is unconstitutional, the remainder •will not be so declared, if the two are distinct and separable so that the latter may stand. Ritchie v. People, 46 Am. St. 315; Cooley Const. Lim. 5th Ed. 211; People v. Bull, 40 N. Y. 57; Cohn v. People, 41 Am. St. R. 304; Bailey v. State, 47 N. W. 208; Wadsworth v. Railroad, 36 Am.…
1Opinion of the CourtCorson, J.
This is an appeal from an order sustaining a demurrer to the complaint. It is alleged in the complaint that the defendant Friedrich Berndt is an insane person, mentally incompetent to manage his property, and has been such since the 16th day of January, 1889; that on the 22d day of January, 1889, the defendant Theodore Berndt was duly appointed guardian of the person and estate of the defendant Friedrich Berndt; that on the 16th day of January, 1889, defendant Fried-rich Berndt was, and ever since has been, and now is, an unmarried person, and has no children or heirs within the United States…
2Cited by15 opinions
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- In re WatsonSouth Dakota Supreme Court · 1903
- In Re Idleman's CommitmentOregon Supreme Court · 1933
- Matter of Certain Territorial Elec. Boundaries, Etc.South Dakota Supreme Court · 1979
- State v. DoranSouth Dakota Supreme Court · 1912
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