Halverson v. Glass
South Dakota Supreme Court
Appeal from Circuit Court, Lyman County. Hon. William Williamson Judge. Action by Enoch Halverson, against James Glass, to recover damages for trespass by defendant’s animals. An order dismissing the action having 'been made upon defendant’s motion, and a subsequent order having been made vacating and setting aside such order of dismissal, defendant appeals from the vacating order.
1Opinion of the CourtWhiting, J.
This action, to recover damages in the sum of $14 for trespass by swine, was commenced in justice court. Judgment therein was in favor of defendant and plaintiff appealed to the circuit court on questions of both law and fact, and 'demanded a new trial in such court. The cause was placed upon the calendar of that court for trial, and thereafter defendant appeared specially and moved the dismissal of the action upon the ground that the circuit court had no jurisdiction of the subject-matter. This motion was based upon section 838, Code Civ. Proc., providing:
“In all actions under and by virtue…
2Cited by8 opinions
- Janish v. MurthaSouth Dakota Supreme Court · 1979
- Berke v. McCook CountySouth Dakota Supreme Court · 1917
- Burnett v. MyersSouth Dakota Supreme Court · 1919
- State Ex Rel. Maloney v. WellsSouth Dakota Supreme Court · 1961
- Farmers' & Merchants' State Bank v. DoeringSouth Dakota Supreme Court · 1928
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