Van Wagenen v. Chladek
South Dakota Supreme Court
Appeal from Circuit Court, Bon Homme County. Hon. R. B. Tripp, Judge. Action by Louis Chladek against Frank Van Wagenen. From an order sustaining- plaintiff’s motion to- dismiss the action without prejudice after a verdict against him, defendant appeal's. A verdict of a jury for defendant, though the court omit to render judgment on it, may be pleaded in bar of another action on the same cause.
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Appeal from Circuit Court, Bon Homme County. Hon. R. B. Tripp, Judge. Action by Louis Chladek against Frank Van Wagenen. From an order sustaining- plaintiff’s motion to- dismiss the action without prejudice after a verdict against him, defendant appeal's. A verdict of a jury for defendant, though the court omit to render judgment on it, may be pleaded in bar of another action on the same cause. Kane v. Dulex, 3 E. D. Smith, 127. A verdict of a jury, when the time has passed in which the court has power to set it aside, is an adjudication of the facts at issue in the case, and may be pleaded…
1Opinion of the CourtHaney, J.
This is an action by a lessee to recover of his lessor triple damages for forcibly ejecting and excluding him from the possession of certain real property. All the allegations of the complaint were denied except the execution of the lease, and defendant pleaded three counterclaims,- one for unpaid rent and two for injuries to the leased premises. Plaintiff replied to the counterclaims with a general denial. On the trial plaintiff having introduced evidence and rested, the defendant, without offering any evidence, requested the court to instruct the jury to réturn a verdict in favor of the…
2Cases cited1 opinion
- Taylor v. NeysSouth Dakota Supreme Court · 1899
3Cited by1 opinion
- Wilson v. AndersonSupreme Court of Minnesota · 1920