State v. Ruth
South Dakota Supreme Court
Appeal from circuit court, Hughes county. Ho.n. Roring E. Garry, Judge. Action of the State of South Dakota against Thomas H. Ruth to recover for failure to perform certain official duties. From a judgment in favor of the state for nominal damages, it appeals.
1Opinion of the CourtHaney, J.
When this action was commenced the complaint contained four counts. A demurrer to the complaint was sustained. This court upon appeal sustained the court below, except as to the second count. Thereafter the second cause of action came on for trial, and the circuit court-directed a verdict in favor of the plaintiff for nominal damages, and the plaintiff appealed.
In its former decision this court said: “The complaint contains the following material facts, after eliminating legal conclusions and unnecessary repetitions'. * * * Second cause of action: Defendant, as commissioner of school and…
2Cases cited6 opinions
- State v. RuthSouth Dakota Supreme Court · 1896
- Tanderup v. HansenSouth Dakota Supreme Court · 1896
- Plymouth County Bank v. GilmanSouth Dakota Supreme Court · 1892
- St. Croix Lumber Co. v. MitchellSouth Dakota Supreme Court · 1894
- Wright v. LeeSouth Dakota Supreme Court · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- State ex rel. Sheldon v. DahlWisconsin Supreme Court · 1917