Greely v. McCoy
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. F. R. Aikens, Judge. Action by Charles A. G-reeley against Charles T. McCoy on a contract of guaranty. A demurrer to the complaint was sustained on appeal, 3 S. D. 218, 52 N. W. Rep. 1050, and plaintiff applied to this court for leave to amend his complaint in the court below. No briefs filed.
1Opinion of the CourtKellam, J.
This is an application by appellant upon notice to modify the judgment of this court "so as to give leave to the said appellant to amend his complaint in said action” in the court below. The appeal in which the judgment referred to was rendered was from an order of the trial court sustaining a demurrer to the appellant’s complaint, and is reported in 52 N. W. Rep. 1050. The order appealed from not only sustained the demurrer, but allowed appellant to amend his complaint so that the trial court had an opportunity to and did exercise its discretion as to allowing the unsuccessful party to plead…
2Cases cited5 opinions
- Sutter v. San FranciscoCalifornia Supreme Court · 1868
- People v. JacksonCalifornia Supreme Court · 1864
- American Button Hole & O. S. S. M. Co. v. MooreSupreme Court Of The Territory Of Dakota · 1880
- Adams v. SmithSupreme Court Of The Territory Of Dakota · 1889
- Greely v. McCoySouth Dakota Supreme Court · 1892
3Cited by3 opinions
- Adam v. AdamSouth Dakota Supreme Court · 1977
- Evans v. Hughes CountySouth Dakota Supreme Court · 1893
- Adam v. AdamSouth Dakota Supreme Court · 1977