Legal Opinion

Stenson v. Elfmann

South Dakota Supreme Court

Decided October 4, 1910PublishedCited by 8 opinions

Appeal from Circuit Court', Brown County. Hon. Frank McNulty, Judge. Action by Henry Stenson and another against August Elfmann and another. From a judgment' for defendants and from an order denying a new trial, plaintiffs appeal.

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Appeal from Circuit Court', Brown County. Hon. Frank McNulty, Judge. Action by Henry Stenson and another against August Elfmann and another. From a judgment' for defendants and from an order denying a new trial, plaintiffs appeal. If any defense constitutes a counterclaim it must be replied to or will be taken as true; while the allegations of new matter in the answer not in the effect a counterclaim, is deemed to be controverted upon a “direct denial” or “avoidance,” but not otherwise. Code of Civil Pro. § 145. Estoppel must be pleaded, and may be pleaded in the reply. Parliman v. Young, 2…

1Opinion of the CourtCorson, J.

This is an appeal by the plaintiffs from a judgment entered in favor of the defendants and from the order denying a new trial. The action was instituted by the plaintiffs to enforce the specific performance of a contract for the sale of a certain tract of land in Brown county. An answer was served and filed by the defendants denying each and every allegation alleged in the complaint, and setting up a number of defenses to the plaintiffs’ action, but no counterclaim was interposed on their part. The plaintiffs filed a reply to the. defendants’ answer, setting up several matters that they…

2Cases cited4 opinions

  1. Johnson v. BurnsideSouth Dakota Supreme Court · 1892
  2. Anderson v. AlsethSouth Dakota Supreme Court · 1895
  3. Strait v. City of EurekaSouth Dakota Supreme Court · 1903
  4. Stewart v. TomlinsonSouth Dakota Supreme Court · 1907

3Cited by8 opinions

  1. Builders Supply Co., Inc. v. CarrSouth Dakota Supreme Court · 1979
  2. Steensland v. NoelSouth Dakota Supreme Court · 1912
  3. Bush v. BushUtah Supreme Court · 1919
  4. Karlsson v. OdlandSouth Dakota Supreme Court · 1923
  5. Stenson v. ElfmannSouth Dakota Supreme Court · 1912

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