Small v. Smith
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county.. Hon. -Joseph W. Jones, Judge. Action by L. Linn Small, 'as receiver of the .American Banking & Trust -Company, a corporation/against O. H. Smith. From an order overruling a demurrer to the complaint, defendant appeals.
1Opinion of the CourtCorson, J.
This is an-appeal by the defendant, from an order overruling a demurrer to the complaint. The demurrer was interposed upon the grounds. (i)' that it appears upon, the face, .of the complaint that the plaintiff has not legal capacity to sue; (2) that the complaint does not state.facts sufficient to constitute a- cause-of action.. As it is clear from an examination of the complaint that, if the plaintiff has legal capacity to sue, it states facts sufficient to constitutes cause of action, the only question to be considered is-.whether or not respondent, as receiver of a foreign corporation, has…
2Cases cited8 opinions
- Booth v. ClarkSupreme Court of the United States · 1855
- Gilman v. KetchamWisconsin Supreme Court · 1893
- Boulware v. DavisSupreme Court of Alabama · 1890
- Patterson v. LyndeIllinois Supreme Court · 1884
- Chicago, Milwaukee & St. Paul Railway Co v. Keokuk Northern Line Packet Co.Illinois Supreme Court · 1883
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3Cited by5 opinions
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- O'Connell v. SmithMissouri Court of Appeals · 1939