Bill v. Klaus
Supreme Court Of The Territory Of Dakota
Appeal from the district court of Stutsman county. Plaintiff and defendant were sued by one Barnes for taking certain oats from Barnes’ land by mistake, and judgment for the value of the oats recovered, which was paid by this plaintiff. The oats so taken were appropriated by defendant Klaus. Plaintiff Bill brings this action to recover from Klaus the amount paid to Barnes on the judgment, being the value of the oats so received and appropriated by Klaus.
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Appeal from the district court of Stutsman county. Plaintiff and defendant were sued by one Barnes for taking certain oats from Barnes’ land by mistake, and judgment for the value of the oats recovered, which was paid by this plaintiff. The oats so taken were appropriated by defendant Klaus. Plaintiff Bill brings this action to recover from Klaus the amount paid to Barnes on the judgment, being the value of the oats so received and appropriated by Klaus. On the trial the facts were all conceded, by admissions in the pleadings and oral admissions made and entered in open court. Judgment for…
1Opinion of the CourtL. K. Church, J.
After a full consideration I am of the opinion that judgment should be affirmed, even if the assignment of errors were held to be sufficient to allow the appeal to be examined. The assignment of errors is broad and general, and presents no question for review. Only those errors which are specifically assigned will be considered in the supreme court; and, where they are of such a general character and indefinite'nature as to necessitate an examination of the, whole case to ascertain the point presented in the ai’gument; they will be disregarded. Territory v. Stone, 2 Dak. 155; S. C. 4 N. W.…
2Cases cited1 opinion
- Territory v. StoneSupreme Court Of The Territory Of Dakota · 1879
3Cited by2 opinions
- Seubert v. Fawick Tractor Co.South Dakota Supreme Court · 1915
- State v. JohnsSouth Dakota Supreme Court · 1910