Pyle v. Hand County
South Dakota Supreme Court
Appeal from circuit court, Hand county, Hon. H. G. Puller, Judge. Motion to amend a judgment by striking out so much thereof as awards costs to the plaintiff and to allow to defendant its costs of the action. Denied. Defendant appeals. The facts are stated in the opinion. This action being for the recovery of money, and the plaintiff having recovered less than fifty dollars, he was not ent'tled to costs. § 5191, Comp.
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Appeal from circuit court, Hand county, Hon. H. G. Puller, Judge. Motion to amend a judgment by striking out so much thereof as awards costs to the plaintiff and to allow to defendant its costs of the action. Denied. Defendant appeals. The facts are stated in the opinion. This action being for the recovery of money, and the plaintiff having recovered less than fifty dollars, he was not ent'tled to costs. § 5191, Comp. Laws; 3 Wait’s Prac. 465, 468. The judgment was amendable, and a motion to amend the same could be made after the term at which the judgment was ordered. § 4938, Comp. Laws;…
1Opinion of the CourtBennett, J.
The plaintiff, John L. Pyle, was district attorney of the county of Hand. During his term of office, he provided himself with an office room and fuel for same, at a cost of some 1270. He presented this bill to the county commissioners, which they refused to allow. He then commenced an action against the county to recover this amount. The county answered, stating that it had furnished suitably *386rooms for an office, and that necessary fuel had been provided for the use of all county officers, without distinction, in a coal-house at the court house. A trial was had before a jury, and .the…
2Cases cited4 opinions
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
- Conner v. . the Mayor, C. of New YorkNew York Court of Appeals · 1851
- Warner v. People ex rel. ConnerNew York Supreme Court · 1845
- Iowa City v. FosterSupreme Court of Iowa · 1859
3Cited by8 opinions
- Lewton v. McCauleySouth Dakota Supreme Court · 1990
- Laney v. IngallsSouth Dakota Supreme Court · 1894
- Macomb v. Lake CountySouth Dakota Supreme Court · 1900
- Township of De Smet v. DowSouth Dakota Supreme Court · 1893
- Grosso v. City of LeadSouth Dakota Supreme Court · 1896
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