Austin, Tomlinson & Webster Manuf'g Co. v. Heiser
South Dakota Supreme Court
Appeal from Minnehaha county court. Hon. E. Parliman, Judge. Action by Austin, Tomlinson & Webster Manufacturing Company against Frederick Heiser and another on three promissory notes. Judgment was rendered in favor of plaintiff, and defendant Heiser appeals. The facts are stated in the opinion. When the title of the action in the complaint does not correspond with that contained in t]ie summons the complaint is irregular and should be set aside. Allen v. Allen, 14 How.
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Appeal from Minnehaha county court. Hon. E. Parliman, Judge. Action by Austin, Tomlinson & Webster Manufacturing Company against Frederick Heiser and another on three promissory notes. Judgment was rendered in favor of plaintiff, and defendant Heiser appeals. The facts are stated in the opinion. When the title of the action in the complaint does not correspond with that contained in t]ie summons the complaint is irregular and should be set aside. Allen v. Allen, 14 How. Pr. 248; Bonigton v. Bapham, 14 How. Pr. 360. The title is a part of the complaint but the allegation in the body of the…
1Opinion of the CourtCorson, P. J.
The attorney for the plaintiff issued a summons which reads as follows: “State of South Dakota, County of Minnehaha. In County Court. Austin, Tomlinson and Webster Manufacturing Company, Plaintiff, vs. Frederick Heiser and Ed. Fleming, Defendants. The State of South Dakota Sends Greeting to the Above-Named Defendants: You are hereby summoned and required to answer the complaint of the plaintiff in the above-entitled action, which will be filed in the office of the clerk of the county court within and for said Minnehaha county, in the city of Sioux Falls, South Dakota, and to serve a copy of…
2Cases cited11 opinions
- Douglass v. HowlandNew York Supreme Court · 1840
- Bacon v. . FrisbieNew York Court of Appeals · 1880
- Root v. . WrightNew York Court of Appeals · 1881
- Day v. ElmoreWisconsin Supreme Court · 1856
- Coggill v. . the American Exchange BankNew York Court of Appeals · 1847
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3Cited by6 opinions
- Schutterle v. SchutterleSouth Dakota Supreme Court · 1977
- State v. Catch the BearSouth Dakota Supreme Court · 1984
- Lovegrove v. LovegroveSupreme Court of North Carolina · 1953
- Ede v. WardSouth Dakota Supreme Court · 1913
- Gray v. Gurney Seed & Nursery Co.South Dakota Supreme Court · 1933
1 more not listed; retrieve them via the Exa API.