Green v. Hughitt School Twp.
South Dakota Supreme Court
Appeal from circuit court, Hyde county. Hon. H. G. Fuller, Judge. Action to recover upon a school township warrant. Defendants had judgment. Plaintiff appeals. The facts are stated in the opinion. An answer denying specifically and generally the making of an instrument and separately alleging payment of the same, is bad and should be stricken out on motion.
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Appeal from circuit court, Hyde county. Hon. H. G. Fuller, Judge. Action to recover upon a school township warrant. Defendants had judgment. Plaintiff appeals. The facts are stated in the opinion. An answer denying specifically and generally the making of an instrument and separately alleging payment of the same, is bad and should be stricken out on motion. Michals v. Jones,-6 Howard, 355; Brewer v. Bostwick, 6 Cowan 34; Mier v. Cortledge, 4 Howard, 115; Morvx v. Gross, 9 N. Y. 719; Heffleman v. Pennington Co., 3 S. D. 162. The plaintiff was entitled to a submission of the case to the jury…
1Opinion of the CourtCorson, P. J.
This was an action brought by the plaintiff, as holder of a school-township warrant issued by Hughitt school township to Thomas Kane & Co. or bearer, for the sum of $800, on May 26, 1884. Hughitt school township at that time embraced the territory noyj- included in the three school townships named as defendants. The defendants answered denying all the allegations of the complaint, and setting up as an affimative defense that the said warrant was fully paid and canceled on May 27, 1894. The plaintiff introduced the school warrant in evidence, and evidence tending to prove that plaintiff was…
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2Cases cited8 opinions
- Thompson v. . the Erie Railroad CompanyNew York Court of Appeals · 1871
- Johnson v. BurnsideSouth Dakota Supreme Court · 1892
- Kelsey v. Chicago & North Western Railway Co.South Dakota Supreme Court · 1890
- Stebbins v. LardnerSouth Dakota Supreme Court · 1891
- Jenkinson v. City of VermillionSouth Dakota Supreme Court · 1892
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- Profit Counselors, Inc. v. KnightSouth Dakota Supreme Court · 1966
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