State v. Chicago, Milwaukee & St. Paul Railway Co.
South Dakota Supreme Court
Appeal from circuit court, Miunehaba county. Hon. Prank R. Aikens, Judge. Action by the state of South Dakota against the Chicago, Milwaukee and St. Paul Railroad Company to restrain a nuisance. There was judgment sustaining a demurrer to the complaint, and plaintiff appeals. The facts are stated in the opinion. It was error for the lower court to hold upon demurrer that the complaint was fatally defective in not alleging that the defendant was a corporation.
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Appeal from circuit court, Miunehaba county. Hon. Prank R. Aikens, Judge. Action by the state of South Dakota against the Chicago, Milwaukee and St. Paul Railroad Company to restrain a nuisance. There was judgment sustaining a demurrer to the complaint, and plaintiff appeals. The facts are stated in the opinion. It was error for the lower court to hold upon demurrer that the complaint was fatally defective in not alleging that the defendant was a corporation. Fulton Fire Ins. Co. v. Baldwin, 37 N. Y. 651; Phenix Bank of N. Y. City v. Donnell, 40 N. Y. 410. This question must be raised by…
1Opinion of the CourtCorson, J.
This was an action by the state to enjoin the defendant from continuing an alleged nuisance. The defendant demurred ‘ to the complaint on the ground that it did not state facts sufficient to constitute a cause of action, and the same was sustained by the court. From the order sustaining the demurrer the plaintiff appeals.- The defendant specifies as the particular ground of objection in the brief filed in this court that there is no allegation in the complaint that -the defendant is a corporation. The only indication of the character in which the defendant is sued is in the title. The learned…
2Cases cited5 opinions
- People v. Central Pacific RailroadCalifornia Supreme Court · 1890
- The Phoenix Bank v. . DonnellNew York Court of Appeals · 1869
- Stanly v. Richmond & Danville RailroadSupreme Court of North Carolina · 1883
- Gibson v. HaggertyNew York Court of Appeals · 1868
- Mechanics' Banking Ass'n v. Spring Valley Shot & Lead Co.New York Supreme Court · 1856
3Cited by4 opinions
- Citizens' Bank v. CorkingsSouth Dakota Supreme Court · 1897
- Sogn v. KoetzleSouth Dakota Supreme Court · 1916
- Citizens' Bank v. CorkingsSouth Dakota Supreme Court · 1897
- Rust-Owen Lumber Co. v. WellmanSouth Dakota Supreme Court · 1897