Legal Opinion

Kirby v. Martindale

South Dakota Supreme Court

Decided May 31, 1905PublishedCited by 5 opinions

Appeal from circuit court, Minnehaha county; Hon. Joseph W. Jones, Judge. Action by Joe Kirby against J. B. Martindale. Prom an order sustaining a demurrer to the complaint, plaintiff appeals.

1Opinion of the Court

Corson, P, J.

This is an appeal from an order sustaining a demurrer to the plaintiff’s complaint. The demurrer was interposed on the ground that the complaint did not state facts sufficient to constitute a cause of action. The material parts of the complaint are as follows: “That the plaintiff is, and has been at all the times stated in the complaint, a duly licensed attorney and counselor at law, entitled to practice in all the courts of the state; that the plaintiff now is, and has been at all of the times stated, a lawyer of first-class standing professionally, and worth not less than…

2Cases cited2 opinions

  1. Bradstreet Co. v. GillTexas Supreme Court · 1888
  2. Blessing v. DavisNew York Supreme Court · 1840

3Cited by5 opinions

  1. Ellsworth v. Martindale-Hubbell Law Directory, Inc.North Dakota Supreme Court · 1936
  2. Dennett v. SmithUtah Supreme Court · 1968
  3. Schaffhauser Bros. v. HemmerSupreme Court of Iowa · 1911
  4. Sisler v. MistrotCourt of Appeals of Texas · 1917
  5. Henderson v. Credit Clearing HouseCourt of Appeals of Texas · 1918

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API