Balk v. Sachs

Plaintiff brought an action in the municipal court of 'Sioux Falls against defendants for tortiously killing a horse. Defendant 'Sachs appeared, but defendant Wilson did not. Judgment was entered! for plaintiff against both- defendants. Defendant Sachs appealed therefrom to the circuit court of 'Minnehaha county. Upon motion of respondent 'Balk the appeal was dismissed upon two grounds, viz.: (1) That the cause was one of which a justice of the peace had jurisdiction, and that service on one of the defendants was made in the city of Sioux Falls, and therefore under the decision, in City of…