Busta v. Wardall
South Dakota Supreme Court
Appeal from Beadle county court. Hon. John Wood, Judge. Action to recover for work and labor. Judgment for plaintiff on default. Defendant moved to set aside the judgment. Motion denied. Defendant appeals. The facts are stated in the opinion. ’ The complaint alleging that the defendant is indebted to plaintiff merely states a conclusion, and not facts from which the law will imply a liability on the part of the defendant.
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Appeal from Beadle county court. Hon. John Wood, Judge. Action to recover for work and labor. Judgment for plaintiff on default. Defendant moved to set aside the judgment. Motion denied. Defendant appeals. The facts are stated in the opinion. ’ The complaint alleging that the defendant is indebted to plaintiff merely states a conclusion, and not facts from which the law will imply a liability on the part of the defendant. Lienan v. Lincoln, 2 Duer, 670; Drake v. Cockraft, 4 E. D. Smith, 34; Seely v. Engell, 17 Barb. 530; Levy v. Bend, 1 E. D. Smith, 169; Bowen v. Emerson, 3 Or. 452.
1Opinion of the CourtBennett, J.
This is an action founded upon the following complaint: “That the defendant is indebted to him in the sum of two hundred dollars, and interest thereon at the rate of ten per cent, per annum from the 15th day of October, A. D. 1888, for work and labor performed by the plaintiff for the defendant during the year 1888 at defendant’s request, for which work and labor said defendant agreed to pay plaintiff the sum of two hundred dollars, with interest at ten per cent, per annum'until paid;'but "has *142not paid said sum or any part thereof.” The defendant not appearing and answering in time, the…
2Cases cited13 opinions
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- Morse v. GilmanWisconsin Supreme Court · 1863
- Grannis v. HookerWisconsin Supreme Court · 1871
- Curran v. CurranIndiana Supreme Court · 1872
8 more not listed; retrieve them via the Exa API.
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