McFarland v. Cruickshank
South Dakota Supreme Court
Appeal from Circuit Court, Meade County. Hon. Wiiaiam G. Ric®, Judge. Action by George McFarland against Duncan Cruickshank. From a judgment for plaintiff, defendant appeals.
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Appeal from Circuit Court, Meade County. Hon. Wiiaiam G. Ric®, Judge. Action by George McFarland against Duncan Cruickshank. From a judgment for plaintiff, defendant appeals. The jurisdiction of Justices of the Peace will not be extended by inference or implication as the statutes conferring jurisdiction are strictly construed. 18 Enc. of Eaw, 2d Ed. p. 17; Jolly v. Foltz, 34 Cal. p. 321; Wagner v. Halleck, 3 Col. 176. A general appearance by the defendant in an action, after a special appearance for Where a party shall have an attorney in the action the service of papers shall be made upon…
1Opinion of the CourtPutter, J.
On the return day of the summons which was personally served in this action instituted before John Hoel, a city justice of Sturgis, plaintiff appeared by his attorneys, Polk & Mc-Nenny, land the defendant appeared in person, and also by his regularly licensed attorney, Wesley A. Stuart, who upon his own affidavit applied for and obtained a change of venue to Bailey Madison, a police justice of that city. Thereupon a notice in regular form, stating the time ¡and place of trial, was duly issued b} Justice Madison, who personally delivered the same to the attorneys for the respective parties,…
2Cases cited1 opinion
- People v. BeelerCalifornia Supreme Court · 1856
3Cited by1 opinion
- Halvorsen v. MyrenSouth Dakota Supreme Court · 1909