Cooke v. McQuaters
South Dakota Supreme Court
Appeal from circuit court, Davison county; Hoa. Frank B. •Smeth, Judge. Action by H. J. Cooke against Alex McQuaters. From a judgment in favor of plaintiff, dismissing the action without prejudice, defendant appeals.
1Opinion of the CourtCorson, P. J.
This is an appeal by the defendant from “that part of the judgment of the circuit court denying the defendant’s motion for judgment dismissing said action, and a judgment in favor of plaintiff dismissing the said action without prejudice on account of any proceedings had therein, and granting leave to the plaintiff to bring another action on the same subject-matter.” A demurrer was interposed to plaintiff's'complaint by the defendant, upon the ground, among others, that the complaint did not state facts sufficient to con stitute a cause of action, upon which the following order was entered:…
2Cases cited5 opinions
- Schaetzel v. City of HuronSouth Dakota Supreme Court · 1894
- Axiom Min. Co. v. LittleSouth Dakota Supreme Court · 1894
- Todd v. ToddSouth Dakota Supreme Court · 1895
- Hulst v. DoerstlerSouth Dakota Supreme Court · 1898
- Tripp v. City of YanktonSouth Dakota Supreme Court · 1898
3Cited by5 opinions
- Alatalo v. ShaverSouth Dakota Supreme Court · 1922
- Harrison v. ClemensSupreme Court of Virginia · 1911
- Deere & Webber Co. v. HinckleySouth Dakota Supreme Court · 1906
- Siegel v. Shriver-Johnson Co.South Dakota Supreme Court · 1926
- Rosekrans v. WagnerSouth Dakota Supreme Court · 1912