Willis v. De Witt
South Dakota Supreme Court
Appeal from circuit court, Kingsbury county. Hon. J. O. Andrews, Judge. Action to recover tbe possession of personal property. Judgment for plaintiff. Tbe defendant De Witt appeals. Tbe facts are stated in tbe opinion. A new cause of action cannot be set up as an amendment after trial. Railroad v. Fibbils, 11 How. Pr. 168; Saltus v. Gennin, 19 How. Pr. 390; Egbert v. Wicker, 10 How. Pr. 193; Ford v. Ford, 35 How. Pr. 321; Woodruff v. Drake, 31 How.
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Appeal from circuit court, Kingsbury county. Hon. J. O. Andrews, Judge. Action to recover tbe possession of personal property. Judgment for plaintiff. Tbe defendant De Witt appeals. Tbe facts are stated in tbe opinion. A new cause of action cannot be set up as an amendment after trial. Railroad v. Fibbils, 11 How. Pr. 168; Saltus v. Gennin, 19 How. Pr. 390; Egbert v. Wicker, 10 How. Pr. 193; Ford v. Ford, 35 How. Pr. 321; Woodruff v. Drake, 31 How. Pr. 161; Oattin v. Hansen, 1 Duer, 309; 1 Van Santvoord, PL 792, 810, 814, 816,-825, 826; Wbitcomb v. Hungerford, 42 Barb. 177. Tbe power to amend…
1Opinion of the CourtCoeson, J.
This was an action to recover specific personal property, originally commenced against All. H. De Witt and N. T. Davis. Judgment was rendered for plaintiff, and defendant De Witt appeals. The plaintiff alleged in his original complaint that he was the owner and entitled to' the immediate possession of the personal property described in the complaint, and that the possession thereof was wrongfully and unlawfully detained from him by said defendants. A demand and refusal was also alleged, and *284a prayer for judgment was added in the usual form in actions to recover personal property. No demurrer…
2Cases cited12 opinions
- Davis v. RandolphMissouri Court of Appeals · 1877
- Hall v. WhiteMassachusetts Supreme Judicial Court · 1871
- Haughton v. . NewberrySupreme Court of North Carolina · 1873
- Feder v. AbrahamsMissouri Court of Appeals · 1888
- Ames v. Mississippi Boom Co.Supreme Court of Minnesota · 1863
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Dow v. DempseyWashington Supreme Court · 1899
- Mushitz v. First Bank of South DakotaSouth Dakota Supreme Court · 1990
- Pitts Agricultural Works v. YoungSouth Dakota Supreme Court · 1895
- J. I. Case Threshing Machine Co. v. EichingerSouth Dakota Supreme Court · 1902
- Steidl v. AitkenNorth Dakota Supreme Court · 1915
5 more not listed; retrieve them via the Exa API.