Beatty v. Smith
South Dakota Supreme Court
Appeal from circuit court, Meade county. Hon. Joseph B. Moore, Judge. Bill of James Beatty against John F. Smith, as sheriff of Meade county, and others, to restrain the sale of certain property under execution. From an order dissolving a temporary injunction, plaintiff appeals. The facts are stated in the opinion. Buildings resting upon mud sills or frame structures directly upon the soil are fixtures thereto.
Read the full summary
Appeal from circuit court, Meade county. Hon. Joseph B. Moore, Judge. Bill of James Beatty against John F. Smith, as sheriff of Meade county, and others, to restrain the sale of certain property under execution. From an order dissolving a temporary injunction, plaintiff appeals. The facts are stated in the opinion. Buildings resting upon mud sills or frame structures directly upon the soil are fixtures thereto. Miller v. Waddington, 25 Pac. 688. A lessor, may, at his option, declare a lease 1 erminated or forfeited on account of the lessee’s default. Taylor landlord and tenant, 492; Wells v.…
1Opinion of the CourtCorson, J.
This is an appeal from an order vacating and dissolving an injunction order made on the 8th day of May, 1899. A demurrer was interposed to the complaint, and the motion to vacate and dissolve the injunction and the demurrer were argued together, but no order sustaining or overruling the demurrer seems to have been entered. We think we may assume that the - demurrer was in effect sustained, as, in the argument on this appeal, counsel for the respondents take the position that the complaint did not state facts sufficient to constitute a cause of action, and from the fact that the motion to…
2Cases cited2 opinions
- Jerome v. RossNew York Court of Chancery · 1823
- Le Roy v. WrightU.S. Circuit Court for the District of Northern California · 1864
3Cited by7 opinions
- Magner v. BrinkmanSouth Dakota Supreme Court · 2016
- Silva v. City Council of City of McAlesterSupreme Court of Oklahoma · 1915
- Fauske v. DeanSouth Dakota Supreme Court · 1960
- Hoffman v. Bob Law, Inc.South Dakota Supreme Court · 2016
- Clark v. City of DeadwoodSouth Dakota Supreme Court · 1908
2 more not listed; retrieve them via the Exa API.