Coplan v. Eastwood
South Dakota Supreme Court
Appeal from Circuit Court, Codington County. Hon. Carl G. Sherwood, Judge. Action by John Coplan against Lydi-a E. Eastwood, and others. Fr-om an order sustaining a demurrer -to the complaint, plaintiff appeals. Right to appeal from the ruling on the -demurrer not waived by appellant. The election to amend occurs when the am-ended pleading is filed. O' Hallo ram- v. Marshall, 35 N. E. 926. Until the amended -pleading has been filed, there -is clearly no waiver. Id.
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Appeal from Circuit Court, Codington County. Hon. Carl G. Sherwood, Judge. Action by John Coplan against Lydi-a E. Eastwood, and others. Fr-om an order sustaining a demurrer -to the complaint, plaintiff appeals. Right to appeal from the ruling on the -demurrer not waived by appellant. The election to amend occurs when the am-ended pleading is filed. O' Hallo ram- v. Marshall, 35 N. E. 926. Until the amended -pleading has been filed, there -is clearly no waiver. Id. Respondent attempts to draw an extremely attenuated distinc■tween taking leave to amend and granting leave to amend. Other things…
1Opinion of the Court
\VHITIN;G, J.
This, is- an appeal from an order sustaining a demurrer to plaintiff’s comp-lai-nt. Such order, as -originally made and entered, after sustaining the demurrer, further -read: “Ordered : that the defendants have judgment hereon dismissing this action, with costs.” Plaintiff then moved the 'court for an order striking 'from such order the words quoted, and inserting “a -provision that plaintiff be granted leave to amend his complaint within such -reasonable' time as the count may- fix.” The- court -granted plaintiff’s -motion and made and entered an 'order modifying its former…
2Cases cited9 opinions
- Berry and Berry v. BartonSupreme Court of Oklahoma · 1902
- West v. WrightIndiana Supreme Court · 1884
- Hurd v. SmithSupreme Court of Colorado · 1880
- Morrill v. CasperSupreme Court of Oklahoma · 1903
- Doyle v. City of SycamoreIllinois Supreme Court · 1901
4 more not listed; retrieve them via the Exa API.
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