Bank of Scotland v. Bliss
South Dakota Supreme Court
Appeal from circuit court, Hutchinson county. Hon. E. G. Smith, Judge. Injunction. From an order dissolving a temporary restraining order, plaintiff appeals. The facts are stated in the opinion. The certificate of the trial judge shows that in dissolving the injunction he did not consider the evidence, but granted the order for the sole reason that the complaint did not state facts sufficient to constitute a cause of action; and this question of law is reviewable.
Read the full summary
Appeal from circuit court, Hutchinson county. Hon. E. G. Smith, Judge. Injunction. From an order dissolving a temporary restraining order, plaintiff appeals. The facts are stated in the opinion. The certificate of the trial judge shows that in dissolving the injunction he did not consider the evidence, but granted the order for the sole reason that the complaint did not state facts sufficient to constitute a cause of action; and this question of law is reviewable. Sandmayer v. Ins. Co. 2 S. D. 346, 50 N. W. 353; State v. Van Nice, 7 Id. 104, 63 N, W, 537; Schaetzel v. City of Huron, 6 Id.…
1Opinion of the Court
Haney J.
This action was commenced by the service of a summons, complaint,'and order of injunction. On September 8, 1896, the court made the following order: “The motion of the defendants in the above-entitled action to dissolve the injuction issued herein having heretofore been heard, and the court being now advised in the premises, it is ordered and adjudged that said injunction be, and the same hereby is, dissolved, set aside, and declared for naught; to which the plaintiff excepts, and its exception is allowed.” On the following day the judge of the First circuit appears to have signed the…
2Cited by3 opinions
- State ex rel. Dakota Central Telephone Co. v. City of HuronSouth Dakota Supreme Court · 1909
- Clark v. City of DeadwoodSouth Dakota Supreme Court · 1908
- Farrar v. Chicago & N. W. Ry. Co.South Dakota Supreme Court · 1917