McCook County v. Kammoss
South Dakota Supreme Court
Appeal from circuit court, McCook county. Hon. Joseph W. Jones, Judge. Action to recover money advanced for support. Judgment for plaintiff, and defendants appeal. The facts are stated in the opinion. A complaint alleging an open and a balance due states two causes of action.
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Appeal from circuit court, McCook county. Hon. Joseph W. Jones, Judge. Action to recover money advanced for support. Judgment for plaintiff, and defendants appeal. The facts are stated in the opinion. A complaint alleging an open and a balance due states two causes of action. Eisenhauer v. Stein, 15 Kan. 167; Werlitzer v. Suppe, 15 P. 863; Union v. Traube, 59 Mo, 355; Weinland v. Cochran, 9 Neb. 480. A summary proceeding may not be joined with any other cause of action, although arising out of the same transaction. Orr v. Wick-ham, 38 Kas. 225; Gates v. Kief, 7 Cal. 124. Without statutory…
1Opinion of the CourtKellam, J.
McCook county brought this action to recover from appellants $100, paid by the county for the support and maintenance of their indigent father, and for a judgment requiring them to, contribute to his future support. This appeal is from an order overruling a demurrer to the complaint, The grounds of demurrer were: First, that plaintiff has not legal capacity to sue; second, that several causes of action have been improperly united; and, third, that the complaint does not state facts constituting a cause of action,. There is no merit in the first ground. The statute expressly authorizes a…
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