Legal Opinion

Plunket v. Evans

South Dakota Supreme Court

Decided January 15, 1892PublishedCited by 13 opinions

Appeal from circuit court, Pennington county. Hon. Chas. M. Thomas, Judge: Action in justice court for balance due upon an account for goods sold. Judgment for plaintiff. Defendant appealed to district court, where plaintiff had judgment. Defendant ap- pealed to this court. The facts are stated in the opinion. Justices of peace only have civil jurisdiction where the sum claimed does not exceed one hundred dollars. § 6042 Comp. Laws; Ball v. Biggan, 23 Pac. 565; Wagstaffv.

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Appeal from circuit court, Pennington county. Hon. Chas. M. Thomas, Judge: Action in justice court for balance due upon an account for goods sold. Judgment for plaintiff. Defendant appealed to district court, where plaintiff had judgment. Defendant ap- pealed to this court. The facts are stated in the opinion. Justices of peace only have civil jurisdiction where the sum claimed does not exceed one hundred dollars. § 6042 Comp. Laws; Ball v. Biggan, 23 Pac. 565; Wagstaffv. Challiss, 31 Kan. 212; Wilson v. Sparkman, 17 Fla. 871; Calloway v. By-ram, 95 Ind. 423; Enderkin v. Spurbeck, 2 Pen. 129.…

1Opinion of the CourtCorson, J.

This is an appeal from a judgment of the late district court of Pennington county, in an action originally commenced before a justice of the peace. The action was commenced August 2, 1888, for a balance due upon an account for goods sold amounting to $86.50, and the demand for judgment is as follows: “Wherefore plaintiffs demand judgment for the sum of eighty-six and 50-100 dollars, together with interest since December 22, 1883, at 7 per cent per annum, with costs and attorney’s fees as provided by law.” The summons corresponded with the complaint, in which the defendant was notified that…

2Cases cited10 opinions

  1. Cooban v. BryantWisconsin Supreme Court · 1875
  2. Hedgecock v. . DavisSupreme Court of North Carolina · 1870
  3. Jackson v. WhitfieldMississippi Supreme Court · 1875
  4. Brantley v. . FinchSupreme Court of North Carolina · 1887
  5. Dillard v. Louis, Kansas City & Northern R. Co.Supreme Court of Missouri · 1874

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3Cited by13 opinions

  1. Oppenheimer v. ReganMontana Supreme Court · 1905
  2. Vidger v. NolinNorth Dakota Supreme Court · 1901
  3. Benedict v. JohnsonSouth Dakota Supreme Court · 1893
  4. Mann v. HvammenSouth Dakota Supreme Court · 1913
  5. Warder, Bushnell & Glessner Co. v. RaymondSouth Dakota Supreme Court · 1895

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