Stianson v. Stianson
South Dakota Supreme Court
Appeal from Circuit Court, Day County. Hon. Thomas I,. Bouck, Judge. Action .by Katherine Stianson and others, against Stian Stianson, to establish- in -defendant a trust in realty. From u judgment for plaintiff, and from an order -denying a new trial, defendant appeals. (3) To point three of the opinion, Appellant cited!: Stevenson v. Boyd, (Cal.), 19 R. R. A., N. S., 525; 11 A. & E. En-c.
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Appeal from Circuit Court, Day County. Hon. Thomas I,. Bouck, Judge. Action .by Katherine Stianson and others, against Stian Stianson, to establish- in -defendant a trust in realty. From u judgment for plaintiff, and from an order -denying a new trial, defendant appeals. (3) To point three of the opinion, Appellant cited!: Stevenson v. Boyd, (Cal.), 19 R. R. A., N. S., 525; 11 A. & E. En-c. Raw,. 2d Ed., 1148. (4) To point four of the opinion, Respondents cited: De-Ooudhle -v. 'Savetier, 8 Am. Dec. 478; Ruby v. Barnett, 49 Am. Dec. 112. (6) To point six of the opinion, Appellant cited: Code…
1Opinion of the CourtSmith, J.
[1] Action by plaintiffs, claiming as- c'otenants with defendant, to establish a trust in defendant as to real property, to iqjudet title in plaintiffs., anid! for an 'accounting for rents and profits. Defendant filed a demurrer to the complaint for want oif. facts, which was overruled, .and this ruling is assigned as error. Thereafter defendant answered, and 'the cause was tried .by the aoUrt upon, the merits, resulting adversely' to. defendant. It is settled! in this jurisdiction that the filing- of an answer ■and ¡a trial on the merits after a demurrer waives the demurrer and the right of…
2Cases cited23 opinions
- Speidel v. HenriciSupreme Court of the United States · 1887
- Hecht v. SlaneyCalifornia Supreme Court · 1887
- Newsom v. Board of CommissionersIndiana Supreme Court · 1885
- Broder v. ConklinCalifornia Supreme Court · 1898
- Stevenson v. BoydCalifornia Supreme Court · 1908
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3Cited by17 opinions
- Hoffman v. JohnsonSouth Dakota Supreme Court · 1985
- Opp v. BoggsMontana Supreme Court · 1948
- Ammann v. FosterSupreme Court of Oklahoma · 1937
- Dewey v. DeweyNebraska Supreme Court · 1956
- Springer v. SwiftSouth Dakota Supreme Court · 1931
12 more not listed; retrieve them via the Exa API.