Grosso v. City of Lead
South Dakota Supreme Court
Appeal from circuit court, Lawrence county. Hon. A. J. Plowman, Judge. Action to recover damages for injury to real property. Plaintiff had judgment. Defendant appeals from the taxation of costs against it. The facts are stated in the opinion.
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Appeal from circuit court, Lawrence county. Hon. A. J. Plowman, Judge. Action to recover damages for injury to real property. Plaintiff had judgment. Defendant appeals from the taxation of costs against it. The facts are stated in the opinion. No claim of title to real projaerty being alleged or denied in the pleadings or having come in question at the trial, and the damages claimed not exceeding one hundred dollars, this case was within the jurisdiction of a justice of the peace. § 6042, Com. Laws; Pyle v. Hand County, 1 S. D. 388. If a justice of the peace had jurisdiction of the subject…
1Opinion of the CourtCorson, P. J.
The plaintiff commenced an action in the circuit court to recover $100 damages for an alleged trespass to real property, and, on the trial, recovered less than $50. The clerk taxed the costs against the defendant, who appealed therefrom to the circuit court, where the clerk’s taxation was affirmed. Prom this order of the circuit court the defendant appealed to this court.
The appellant contends that no question of title was in fact involved in the action, as appears from the evidence, and, the plaintiff recovering less than $50, the defendant was entitled to costs. The pleadings, however, must…
2Cases cited6 opinions
- Pyle v. Hand CountySouth Dakota Supreme Court · 1890
- Niles v. LindsleyThe Superior Court of New York City · 1852
- Township of De Smet v. DowSouth Dakota Supreme Court · 1893
- Alleman v. DeyNew York Supreme Court · 1867
- Burnet v. KellyNew York Supreme Court · 1854
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Glock v. ElgesNevada Supreme Court · 1916
- Larson v. BakerSupreme Court of Iowa · 1944