Thomas v. Douglas County
South Dakota Supreme Court
Appeal from circuit court, Douglas county. Hon. E. G. Smith, Judge. Action by A. W. Thomas against Douglas county. From an order overruling a demurrer to the complaint, defendant appeals. The facts are stated in the opinion.
1Opinion of the CourtFuller, P. J.
To recover statutory fees and expenses necessarily incurred in the pursuit and apprehension of certain extradited fugitives from justice, duly charged in Douglas county before a justice of the peace with the crime of adultery, this action was instituted by a sheriff, and the defendant appeals from an order overruling a demurrer to the complaint.
Whether it appears from the complaint that Section 1, Chap. 613, Laws 1895, has been substantially complied with, is the first question presented for consideration. So far as material to this case, the provision reads as follows: “No suit shall be…
2Cases cited1 opinion
- Cranmer v. KohnSouth Dakota Supreme Court · 1898
3Cited by2 opinions
- Murtha v. HowardSouth Dakota Supreme Court · 1905
- Lindsay v. Douglas CountySouth Dakota Supreme Court · 1900