Bebout v. Pense
South Dakota Supreme Court
Appeal from- County Court, Gregory County. Hon. Charles A. Davis, Judge. Action by F. C. Bebo-ut against E. E. Pense and another jointly, for slander: Erom an order overruling a demurrer to the complaint, defendants appeal. There is a misjoinder - of defendants and a misjoinder of causes of action — one against E. E- Pense and one against Emma Pense. Each -defendant should only be responsible for the injury inflicted by his own independent act.
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Appeal from- County Court, Gregory County. Hon. Charles A. Davis, Judge. Action by F. C. Bebo-ut against E. E. Pense and another jointly, for slander: Erom an order overruling a demurrer to the complaint, defendants appeal. There is a misjoinder - of defendants and a misjoinder of causes of action — one against E. E- Pense and one against Emma Pense. Each -defendant should only be responsible for the injury inflicted by his own independent act. The court erred in not sustaining defendants’ second ground of demurrer for the reason -that several causes of action were improperly united. The…
1Opinion of the CourtMcCOY, J.
Plaintiff instituted this action against the defendants jointly, charging that defendants maliciously slandered plaintiff by uttering and publishing oral words falsely charging plaintiff with having stolen defendant’s cattle. Defendant demurred to the complaint on the ground, among others, that the complaint fails to state facts sufficient to constitute a cause of action against defendants. The demurrer was overruled, and defendants excepted and appeal, assigning as error the said ruling of ¡the court. It is the contention of defendants that plaintiff cannot maintain this action against them…
2Cases cited5 opinions
- Duquesne Distributing Co. v. GreenbaumCourt of Appeals of Kentucky · 1909
- Western Townsite Co. v. Lamro Town Site Co.South Dakota Supreme Court · 1913
- Evans v. Fall River CountySouth Dakota Supreme Court · 1896
- Blake v. SmithSupreme Court of Rhode Island · 1896
- Rochford v. School Dist. No. 11South Dakota Supreme Court · 1903
3Cited by1 opinion
- Springer v. SwiftSouth Dakota Supreme Court · 1931