Andrews v. Wynn
South Dakota Supreme Court
Appeal from circuit court, Hughes county. Hon. H. G. Fuller, Judge. Action by Edward H. Andrews against Charles H. Wynn to foreclose a mortgage. A demurrer to the complaint was overruled, and defendant appeals. Kell am, J., concurring specially. The facts are stated in the opinion.
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Appeal from circuit court, Hughes county. Hon. H. G. Fuller, Judge. Action by Edward H. Andrews against Charles H. Wynn to foreclose a mortgage. A demurrer to the complaint was overruled, and defendant appeals. Kell am, J., concurring specially. The facts are stated in the opinion. A motion to make the complaint more definite and certain is the proper remedy where there is a difference between the parties named in the caption and in the body of the complaint. §§ 4925, 4609, Comp. Laws; Barnes v. Perine, 9 Barb. 202; Richards v. Bdick, 17 Barb. 260; Cheeseborough v. Railroad, 13 How. Pr. 557.…
1Opinion of the CourtCorson, J.
This is an appeal from an order overruling a demurrer to the complaint. The action was brought to foreclose a mortgage on certain lots in the city of Pierre. A demurrer was interposed to the complaint, on the ground that the complaint does not state facts sufficient to constitute a cause of action. The particular grounds relied on to sustain the demurrer are stated by the learned counsel for appellant in his brief as follows: “The complaint is demurrable because it nowhere alleges that the defendant executed and delivered the promissory note and mortgage declared upon to the plaintiff. The…
2Cases cited6 opinions
- Prindle v. . CaruthersNew York Court of Appeals · 1857
- Zwickey v. HaneyWisconsin Supreme Court · 1885
- Gardner v. McClureSupreme Court of Minnesota · 1861
- Marshall v. RockwoodNew York Supreme Court · 1855
- McHendry v. ReillyCalifornia Supreme Court · 1859
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3Cited by6 opinions
- Vickery v. BurtonNorth Dakota Supreme Court · 1896
- Marvick v. KnightSouth Dakota Supreme Court · 1927
- Gray v. Gurney Seed & Nursery Co.South Dakota Supreme Court · 1930
- Weiland v. TownsendSouth Dakota Supreme Court · 1931
- Evans v. Hughes CountySouth Dakota Supreme Court · 1893
1 more not listed; retrieve them via the Exa API.