Root v. Sweeney
South Dakota Supreme Court
Appeal from circuit court, Pennington county; Hon, Levi McGee, Judge. Action by Elliott M. Root and others against Thomas Sweeney to recover on a contract of guaranty. Prom an order sustaining a motion to dismiss the action, plaintiffs appeal.
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Appeal from circuit court, Pennington county; Hon, Levi McGee, Judge. Action by Elliott M. Root and others against Thomas Sweeney to recover on a contract of guaranty. Prom an order sustaining a motion to dismiss the action, plaintiffs appeal. Upon the reversal by the Supreme Court of the order of the court below sustaining defendant’s demurrer to the amended complaint and remanding the case for further proceedings, the case stood in the court below precisely as it would have stood if the court below had overruled the demurrer. The defend aint from that moment was in default of an answer, the…
1Opinion of the CourtHaney, P. J.
This action was commenced in 1892 by- and in the name of a California corporation. In 1897 the present plaintiffs were substituted for the corporation, and allowed to serve an amended and supplemental complaint, to which defendant demurred on the ground that the plaintiffs had not legal capacity to sue. The demurrer was sustained. On appeal this court reversed the order of the circuit court, and remanded the action for further proceedings according to law and its decision, wherein the nature of the action is fully disclosed. Root v. Sweeney, 12 S. D. 43, 80 N. W. 149. The remittitur was filed…
2Cases cited1 opinion
- Root v. SweeneySouth Dakota Supreme Court · 1899
3Cited by9 opinions
- Reuben C. Setliff, III, M.D., P.C. v. StewartSouth Dakota Supreme Court · 2005
- Rex Buggy Co. v. DinneenSouth Dakota Supreme Court · 1912
- Sears v. McKeeSouth Dakota Supreme Court · 1982
- White Eagle v. City of Fort PierreSouth Dakota Supreme Court · 2002
- Meadows v. OsterkampSouth Dakota Supreme Court · 1909
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