Fraley v. Bentley
Supreme Court Of The Territory Of Dakota
Appeal from Yankton County District Court. The first pleading on part of plaintiff purports to be a petition for specific performance and damages.
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Appeal from Yankton County District Court. The first pleading on part of plaintiff purports to be a petition for specific performance and damages. The petitioner alleges, that on or about the 4th day of November, 1865, he sold and conveyed to defendants a certain tract of timber land, for the consideration of $400, cash down; and, further, that defendants were- thereafter, to-wit: in the spring of 1866, to erect and have completed on said land a steam sawmill, and deliver to plaintiff good sawed lumber to the amount in value of $100 — “making in lumber and money $500, and the erection and…
1Opinion of the CourtBaeNiss, J.
This suit, or action, is brought into this court by appeal, prosecuted by defendants below. The. first important question presented is, as to the character of this suit or action.
The petition has the substantial requisites of a bill in chancery, and an action at law. So, too, the summons is for *33specific relief and for a judgment for damages. Manifestly here is a misjoinder of actions — a pleading bad upon the face. Butcan the defendants now avail themselves of any advantage on account of the improper joinder of actions? We think not. This objection should have been taken by demurer, motion to…
2Cited by12 opinions
- Bettancourt v. Gilroy Theatre Co., Inc.California Court of Appeal · 1953
- Iowa-Minnesota Land Co. v. ConnerSupreme Court of Iowa · 1907
- Smith v. GaubNorth Dakota Supreme Court · 1910
- DeGoey v. Van WykSupreme Court of Iowa · 1896
- Grabow v. McCracken Et Ux.Supreme Court of Oklahoma · 1909
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