Sweeney v. United Underwriters' Co.
South Dakota Supreme Court
Appeal from Municipal Court of Watertown. Hon. Irvin H. Meyers, Judge. Action by Polly E. Sweeney against the United Underwriters’ Company. Erom an order overruling a demurrer to the complaint, defendant appeals.
1Opinion of the CourtWhiting, P. J.
This action was -brought in the municipal court of the -city of Watertown. The defendant demurred to the complaint of defendant, the demurrer was overruled, and defendant has -appealed to this court from the order overruling such demurrer.
The demurrer was based on the claim that the municipal court had no jurisdiction of the subject of the action. It stands conceded by the briefs of the parties that the one question in this. *2case is whether the action is brought to rescind a contract, or whether it is brought based upon a rescission of a contract. If the action belongs to' the former class,…
2Cases cited1 opinion
- Johnson v. BurnsideSouth Dakota Supreme Court · 1892
3Cited by5 opinions
- Purcell v. International Harvester Co. of AmericaSouth Dakota Supreme Court · 1916
- Sweeny v. United Underwriters Co.South Dakota Supreme Court · 1912
- Donovan v. DicksonNorth Dakota Supreme Court · 1917
- Halvorson v. BirklandSouth Dakota Supreme Court · 1969
- Halvorson v. BirklandSouth Dakota Supreme Court · 1969