Jones v. Winsor
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by J. M. Jones and others against C. H. Winsor. From an order overruling a demurrer to the complaint, defendant appeals. The complaint does 'not state facts sufficient to constitate a 1 cause of action in trover, or conversion.
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Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by J. M. Jones and others against C. H. Winsor. From an order overruling a demurrer to the complaint, defendant appeals. The complaint does 'not state facts sufficient to constitate a 1 cause of action in trover, or conversion. The complaint nowhere ' alleges ownership by the plaintiffs of the property alleged to bej converted at the time the action was brought, nor alleges ownership or possession of the property in the plaintiff at the time it is^ alleged to have been taken. Smith v. Force, 16 N. W. 704;…
1Opinion of the CourtCorson, J.
This is an appeal by the -defendant from an order overruling'his demurrer to the complaint.
*482It is alleged in the complaint, in substance: That on or about the 1st of April, 1907, the plaintiffs, being desirous of securing a franchise for a city railway system in the city of Sioux Falls, employed the defendant to act ais an attorney for them in securing or attempting to secure an ordinance from the city council granting the plaintiffs such license; that carrying out their purpose, or attempting to carry out the same, it became necessary for the plaintiffs to make a deposit with the city…
2Cases cited5 opinions
- Supervisors of Kewaunee County v. DeckerWisconsin Supreme Court · 1872
- Sawyer v. RobertsonMontana Supreme Court · 1892
- Kennett v. Peters & Co.Supreme Court of Kansas · 1894
- Pierce v. CareyWisconsin Supreme Court · 1875
- Smith v. ForceSupreme Court of Minnesota · 1883
3Cited by3 opinions
- Bills v. HydeSouth Dakota Supreme Court · 1925
- Bunkers v. GuernseySouth Dakota Supreme Court · 1916
- Gray v. SandersonSouth Dakota Supreme Court · 1931