C. Aultman & Co. v. Siglinger
South Dakota Supreme Court
Appeal from circuit court, Day county. Hon. A. W. Campbell, Judge. Action to recover money had and received. Defend ant de- murred. Overruled. Defendant appeals. The facts are fully stated in the opinion. Matters of substance must be directly alleged independent of an attempt to incorporate them in a pleading by way of reference to exhibits or otherwise.
Read the full summary
Appeal from circuit court, Day county. Hon. A. W. Campbell, Judge. Action to recover money had and received. Defend ant de- murred. Overruled. Defendant appeals. The facts are fully stated in the opinion. Matters of substance must be directly alleged independent of an attempt to incorporate them in a pleading by way of reference to exhibits or otherwise. Taylor v. Blake, 11 Minn. 256; Dickinson v. Cole, 34 Wis. 621; Coolbaugh v. Roemer, 30 Minn. 424; Larimore v. Wells, 29 Ohio St. 13; City v. Signoret, 50 Cal. 298; Bowling v. McFarland, 38 Mo. 464. Plaintiffs should have alleged the making of…
1Opinion of the CourtCorson, J.
This is an appeal from an order overruling the demurrer to the complaint. The complaint is, in substance, as follows: (1) That the plaintiff is a corporation, organized under the laws of the State of Ohio, and authorized to transact business, sue and be sued, in the State of South Dakota, having complied with all the requirements of the statutes of said state in regard to foreign corporations; (2) that thte defendant *445is the duly elected, qualified, and acting sheriff of Day county, and acted as such sheriff at the time of all the acts herein alleged as being done by him; (3) that, acting as…
2Cases cited5 opinions
- Mayor of Los Angeles v. SignoretCalifornia Supreme Court · 1875
- Larimore v. WellsOhio Supreme Court · 1875
- Bowling v. McFarlandSupreme Court of Missouri · 1866
- Baker v. BerrySupreme Court of Missouri · 1866
- Taylor v. BlakeSupreme Court of Minnesota · 1866
3Cited by13 opinions
- Milligan v. KeyserSupreme Court of Florida · 1906
- Union Sewer Pipe Co. v. OlsonSupreme Court of Minnesota · 1901
- County of Pembina v. NordNorth Dakota Supreme Court · 1951
- Clyde v. JohnsonNorth Dakota Supreme Court · 1894
- Sweeney v. JohnsonIdaho Supreme Court · 1913
8 more not listed; retrieve them via the Exa API.