Minnesota, D. & P. Railway Co. v. Way
South Dakota Supreme Court
Appeal from. Circuit Court, Codington County. Hon. Cari, G. Sherwood, Judge. Action by the Minnesota-, Dakota. & Pacific Railway Company against Thomas Way and others, to recover a money judgment under a contract between plaintiff and the defendant Thomas Way, and upon a collateral contract -between defendant Thomas Way and other defendants, and the 'plaintiff, to secure performance of the principal contract; and for other relief.
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Appeal from. Circuit Court, Codington County. Hon. Cari, G. Sherwood, Judge. Action by the Minnesota-, Dakota. & Pacific Railway Company against Thomas Way and others, to recover a money judgment under a contract between plaintiff and the defendant Thomas Way, and upon a collateral contract -between defendant Thomas Way and other defendants, and the 'plaintiff, to secure performance of the principal contract; and for other relief. From a judgment for defendants, upon sustaining demurrers to the complaint, plaintiff appeals. (1) Under point one of the opinion, Appellant cited; English v.…
1Opinion of the CourtMcCOY, J.
Appellant, who- was plaintiff below, is a railway corporation organized und’er the laws of this state. There are two alleged causes of action set out in the complaint, to each of which demurrer was interposed on the ground that the facts stated were not sufficient to constitute a cause of action. The demurrers were sustained, and plaintiff appeals.
By the first alleged cause of action it appears, in substance, that in January, 1906, plaintiff was about to construct a certain line of railway in a westerly direction from- the city of Watertown across this state, and that it entered into a…
2Cases cited9 opinions
- Central Transportation Co. v. Pullman's Palace Car Co.Supreme Court of the United States · 1891
- Woodstock Iron Co. v. Richmond & Danville Extension Co.Supreme Court of the United States · 1889
- Reed v. JohnsonWashington Supreme Court · 1901
- Pacific Railroad v. SeelySupreme Court of Missouri · 1870
- Bestor v. WathenIllinois Supreme Court · 1871
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Bartron v. Codington CountySouth Dakota Supreme Court · 1942
- Schurr v. WeaverSouth Dakota Supreme Court · 1952
- E. P. Wilbur Trust Co. v. FahrendorfSouth Dakota Supreme Court · 1936
- City of Tyndall v. SchuurmansSouth Dakota Supreme Court · 1953
- Moore v. HydeSouth Dakota Supreme Court · 1917
2 more not listed; retrieve them via the Exa API.