Palmer v. Baker
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Hon. John T. Mudin, Judge. Action by A. W. Palmer, against W. D. Baker and B. H. Re Qua, to recover upon an, appeal bond for costs. From an order overruling a demurrer to the complaint, defendants appeal. (r)> To point one of the opinion, Appellants cited; Secs. 725, 889, Code 1919; Switz v. Thomas, 38 S. D. 180; 4 Cent. Diet. & Cyclo. re “joint;” Schuster v. Thompson, 6 Dak. 10; x Pars.
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Appeal from Circuit Court, Minnehaha County. Hon. John T. Mudin, Judge. Action by A. W. Palmer, against W. D. Baker and B. H. Re Qua, to recover upon an, appeal bond for costs. From an order overruling a demurrer to the complaint, defendants appeal. (r)> To point one of the opinion, Appellants cited; Secs. 725, 889, Code 1919; Switz v. Thomas, 38 S. D. 180; 4 Cent. Diet. & Cyclo. re “joint;” Schuster v. Thompson, 6 Dak. 10; x Pars. Contr., (6th ed1.) 11. Respondent cited: Sec. 2316, Code 1919. (2) To point two, Appellants cited authorities cited to point 1.
1Opinion of the CourtW'Hitin'G, J.
Action to recover upon appeal bond for costs given, upon an appeal from the circuit to the Supreme Court (Palmer v. Bratager, 41 S. D. 649, 172 N. W. 507), in an appeal wherein the present plaintiff was respondent and one Bratager was appellant. The bond was executed by such appellant and two sureties. This action is brought against the sureties only. Defendants demurred to the complaint upon the grounds: That the same did not state facts sufficient to- constitute a cause of action; and that there is a defect of parties defendant. This demurrer was overruled; and the defendants appealed from…
2Cases cited3 opinions
- State v. Western Surety Co.South Dakota Supreme Court · 1910
- Schwitz v. ThomasSouth Dakota Supreme Court · 1916
- Palmer v. BratagerSouth Dakota Supreme Court · 1919
3Cited by5 opinions
- County of Minnehaha Ex Rel. Willadsen v. WilladsenSouth Dakota Supreme Court · 1943
- Davison County v. Watertown Tide & Construction Co.South Dakota Supreme Court · 1925
- Landstrom v. ShaverSouth Dakota Supreme Court · 1996
- Landstrom v. ShaverSouth Dakota Supreme Court · 1996
- Ballard v. Western Surety Co.South Dakota Supreme Court · 1926