State v. Ruth
South Dakota Supreme Court
Appeal from circuit court, Hughes county. Hon. Loring E. Gappy,'Judge. Action by the state of South Dakota against Thomas H. Ruth to recover for failure to perform certain ministerial duties. A demurrer to the complaint was sustained, and plaintiff appeals. The facts are stated in the opinion. A complaint charging that the damages alleged to have been sustained were the direct and proximate result of the negligent acts of defendant, is not subject to demurrer. Mechem on Pub.
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Appeal from circuit court, Hughes county. Hon. Loring E. Gappy,'Judge. Action by the state of South Dakota against Thomas H. Ruth to recover for failure to perform certain ministerial duties. A demurrer to the complaint was sustained, and plaintiff appeals. The facts are stated in the opinion. A complaint charging that the damages alleged to have been sustained were the direct and proximate result of the negligent acts of defendant, is not subject to demurrer. Mechem on Pub. Off. § 643; Lacour v. Mayor, 3 Duer. 406; Lloyd v. Mayor, 5 N. Y. 369; City v. Mulford, 2 Dutch. (N. J.) 56; Rochester…
1Opinion of the CourtHaney, J.
In this action a demurrer was sustained, on the ground that the complaint does not state facts sufficient to *87constitute a cause of action. Plaintiff elected to stand upon its complaint, and appealed from a judgment in favor of defendant.
The complaint contains the following material facts, after eliminating legal conclusions and unnecessary repetitions: First cause of action: Defendant was the commissioner of school and public lands during the term which began January 8, 1893. June 15, 1893, there was in the hands of the state treasurer 868,443.72, in cash, to the credit of the interest fund…
2Cases cited4 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- The ChinaSupreme Court of the United States · 1869
- Dubuque Wood & Coal Ass'n v. City & County of DubuqueSupreme Court of Iowa · 1870
- Pielke v. Chicago, M. & St. P. Ry. Co.Supreme Court Of The Territory Of Dakota · 1889
3Cited by40 opinions
- Bego v. GordonSouth Dakota Supreme Court · 1987
- Kyllo v. PanzerSouth Dakota Supreme Court · 1995
- National Bank of South Dakota v. LeirSouth Dakota Supreme Court · 1982
- Green v. Siegel, Barnett & SchutzSouth Dakota Supreme Court · 1996
- Kruger v. WilsonSouth Dakota Supreme Court · 1982
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