City of Ft. Pierre v. Hall
South Dakota Supreme Court
Appeal from circuit court, Stanley county; lion. Poking E, Gaeey, Judge. Action by the city of Ft. Pierre against Eliza Flail. From an order sustaining a demurrer to the complaint, plaintiff appeals.
1Opinion of the CourtFullee, J.
At the trial of this action to permanently restrain the enforcement of a judgment based on two city warrants, aggregating $523.30, the sufficiency of the facts stated in the complaint *665was challenged by a general demurrer, and this appeal is from an order sustaining the same.
Eliminating incongruous averments and 'some of the conclur sions of law, it is alleged, in substance, that ‘one’ of the warrants issued in legal form by the proper officials of the city of Ft. Pierre on the 5th day of February, 1894, and upon that day duly registered, “Not paid for want of funds,” was drawn by mistake…
2Cases cited9 opinions
- Crim v. HandleySupreme Court of the United States · 1877
- Melms v. Pabst Brewing Co.Wisconsin Supreme Court · 1896
- German Savings Bank of Des Moines v. Des Moines National Bank of Des MoinesSupreme Court of Iowa · 1904
- Pipe v. SmithSupreme Court of Colorado · 1879
- Howard v. City of HuronSouth Dakota Supreme Court · 1894
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3Cited by3 opinions
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- Cox v. AndersonNebraska Supreme Court · 1907