Lovelett v. Heumpfner
South Dakota Supreme Court
Appeal from Circuit Court, Roberts County. Hon. Frank McNulty, Judge. Action by Edna Lovelett against Lizzie Humpfner and another, for damages for assault and battery. From á judgment for plaintiff and from an order denying a new trial, defendants appeal. The whole theory of the complaint is the fact of the defendants conspiring together.
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Appeal from Circuit Court, Roberts County. Hon. Frank McNulty, Judge. Action by Edna Lovelett against Lizzie Humpfner and another, for damages for assault and battery. From á judgment for plaintiff and from an order denying a new trial, defendants appeal. The whole theory of the complaint is the fact of the defendants conspiring together. The court erred in not compelling plaintiff to elect, especially as to whether she should stand upon the theory of an assault and battery or whether upon a cause of action of conspiracy to commit an assault and battery. It is very hard to say whether the…
1Opinion of the CourtGates, J.
[1] From a judgment awarding the plaintiff the sum of $500 damages and from an order denying a motion for a new trial, the defendants appeal.
The complaint in this action, omitting the prayer, is as follows :
“First. That plaintiff is an unmarried woman, 19 years of age, and for about ten years last past has resided and still resides in Sisset'on, in said county and state.
*37“Second. That the defendant Mathilda Heumpfner is about 50 years of age, and the defendant Lizzie Heumpfner is about 20 years of age, and the daughter of Mathilda Heumpfner, and both the defendants have resided in a house…
2Cases cited2 opinions
- Barcus v. ProkopSouth Dakota Supreme Court · 1912
- Dring v. St. Lawrence Twp.South Dakota Supreme Court · 1913
3Cited by2 opinions
- Roper v. NoelSouth Dakota Supreme Court · 1913
- Smith v. SmithSouth Dakota Supreme Court · 1919