Legal Opinion

Tillotson v. Potter County

South Dakota Supreme Court

Decided August 29, 1900PublishedCited by 2 opinions

Appeal from circuit court, Potter county. Hon. Loring E. Gaffy, Judge. Action by Lewis Tillotson against Potter county and others to recover moneys paid as clerk hire to a deputy. Appeal by plaintiff from an order sustaining a demurrer to the complaint.

1Opinion of the CourtCorson, J.

This case comes before us upon an appeal from an order sustaining the demurrer to the complaint. The case was before this court on a former appeal, and is reported in 10 S. D. 60, 71 N. W. 754. That appeal was from an order overruling the demurrer to the complaint. The order of the court below was reversed, and the complaint held insufficient. On the case being remitted to the court below, the plaintiff sought to remedy the defect in his complaint by amending the same and inserting therein the following allegations: “That, in the judgment of the board of county commissioners of said county,…

2Cases cited1 opinion

  1. Tillotson v. Potter CountySouth Dakota Supreme Court · 1897

3Cited by2 opinions

  1. Anderson v. Beadle CountySouth Dakota Supreme Court · 1927
  2. Jacobson v. Ransom CountyNorth Dakota Supreme Court · 1906

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