Legal Opinion

Bon Homme County v. McLouth

South Dakota Supreme Court

Decided July 6, 1905PublishedCited by 2 opinions

Appeal from circuit court, Bon Homme county; Hon. E. G-. Smith, judge. Action by Bon Homme county against J. A. McLouth. Judgment for defendant, and plaintiff appeals.

1Opinion of the CourtHaney, J.

This action was instituted to remove the defendant from the office of superintendent of schools. At the trial the defendent objected to the introduction of any evidence on the grounds (1) that it appeared upon the face of the complaint that the court was without jurisdiction; and (2) that the complaint did not state facts sufficient to constitute a cause of action. The objection was sustained, and, plaintiff having elected to stand on its complaint, a verdict was directed in favor of the defendent, and judgment entered thereon, from which this appeal was taken.

Omitting title, prayer and…

2Cited by2 opinions

  1. Rodee v. SeamanSouth Dakota Supreme Court · 1914
  2. Adams Co. v. Western Surety Co.South Dakota Supreme Court · 1915

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