Saxton v. Musselman
South Dakota Supreme Court
Appeal from circuit court, Lawrence county. Hon. Joseph B. Moore, Judge. . Action by Seth P. Saxton against John Musselman and another, as administrators of the estate of Andrew J. Smith, deceased. Prom an order sustaining a demurrer to defendants’ answer, they appeal.
1Opinion of the CourtCorson, J.
This is an appeal from an order sustaining plaintiff’s demurrer to defendants’ answer. The action was brought by the plaintiff to recover from the defendants, as administrators of the estate of Andrew J. Smith, deceased, something over $9,000, including interest, for moneys alleged to have been advanced and paid out by the plaintiff for the said Andrew J. Smith in his lifetime. A copy of the bill of particulars of the account was demanded by the defendants, and the same was furnished, and subsequently an answer was filed in which it was, among other things, admitted that the plaintiff…
2Cases cited4 opinions
- Searls v. KnappSouth Dakota Supreme Court · 1894
- Weston v. County of LuceMichigan Supreme Court · 1894
- Freas v. TruittSupreme Court of Colorado · 1875
- Fryer v. BreezeSupreme Court of Colorado · 1891
3Cited by1 opinion
- Murray v. JohnsonSouth Dakota Supreme Court · 1912