Johnson v. Norfolk

This is an action for damages for injuries sustained by plaintiff in an automobile accident. She was riding in a car driven by her husband when it was involved in a collision with a car driven by the defendant. As one defense it is urged that plaintiff had compromised and settled the claim sued on and had released defendant from all liability therefor. In reply, plaintiff claimed that the release relied on was invalid because it had been obtained by fraud and misrepresentation.

On motion of the defendant the issues raised concerning the release, pursuant to SDC 33.1303, were tried separately…