Parkinson v. Shew
South Dakota Supreme Court
Appeal from circuit court, Miner county. Hon. Frank B. Smith, Judge. Action by F. W. Parkinson against Lewis P. Shew, and others to recover upon a bond. From an order sustaining a demurrer to defendants’ counterclaim, defendants appeal.
1Opinion of the CourtFuller, J.
In this action to recover upon a bond given as indemnity against loss caused by the issuance of a restraining order at the suit of defendants against plaintiff . for an accounting it is stated in the complaint that by reason of such order plaintiff was damaged in the sum of $300, occasioned by delay in harvesting, threshing, and marketing certain grain owned by him, and raised during the year 1897,' on land of which defendants are the owners. Answering this complaint, and by way of counterlaim, defendants sought to recover $400 for the use and occupation of the premises during the time…
2Cases cited1 opinion
- Olson v. HuntamerSouth Dakota Supreme Court · 1894
3Cited by5 opinions
- Samuels v. SingerCalifornia Court of Appeal · 1934
- Richmond Wharf & Dock Co. v. BlakeCalifornia Supreme Court · 1919
- Belakjon v. HilstadNorth Dakota Supreme Court · 1949
- Weller v. PlattSouth Dakota Supreme Court · 1914
- Taggart v. ShepherdCalifornia Court of Appeal · 1932