Browne v. Haseltine
South Dakota Supreme Court
Appeal from circuit court, Brown county. Hon. A. W. Campbell, Judge. Action of detainer by J. Lewis Browne, assignee of the Western Farm-Mortgage Company, against Ira S. Haseltine. Judgment for plaintiff in justice court and on appeal in the circuit court, and defendant appeals. The facts are stated in the opinion.
1Opinion of the CourtHaney, J.
This is an action for forcible detainer of real property. In the justice’s court plaintiff had judgment. Defendant appealed on questions of both law and fact to the circuit court, wherein plaintiff again recovered judgment.
The contention that the courts below were without jurisdiction because a verified complaint was not filed before the summons was issued is untenable. In this state this proceéd*525ing is of a purely civil nature, — a civil action governed by the same rules as other cases before justices of the peace, except as modified by the provisions of the Justice’s Civil Code relating to…
2Cases cited1 opinion
- Williams v. WaitSouth Dakota Supreme Court · 1891
3Cited by5 opinions
- Heiser v. RodwaySouth Dakota Supreme Court · 1976
- Whitney v. RitzNorth Dakota Supreme Court · 1913
- Lincoln National Life Insurance v. SampsonNorth Dakota Supreme Court · 1931
- McManus v. MaloySouth Dakota Supreme Court · 1912
- Heiser v. RodwaySouth Dakota Supreme Court · 1976