Coughran v. Wilson
South Dakota Supreme Court
Appeal from Minnehaha county court. Hon. E. Parliman, Judge. Action for damages on contract. From the judgment rend- ' ered, plaintiff appeals. The facts are stated in the opinion. The same rules, as to sufficiency of pleading, apply to counterclaims and complaints. Pom. Rem. & Rem. R. 516; Smith v. Hobart, 5 N. W. 666. After the reversal of an erroneous judgment the parties in the court below have the same right that they originally had.
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Appeal from Minnehaha county court. Hon. E. Parliman, Judge. Action for damages on contract. From the judgment rend- ' ered, plaintiff appeals. The facts are stated in the opinion. The same rules, as to sufficiency of pleading, apply to counterclaims and complaints. Pom. Rem. & Rem. R. 516; Smith v. Hobart, 5 N. W. 666. After the reversal of an erroneous judgment the parties in the court below have the same right that they originally had. Stearns v. Aguirre, 7 Cal. 443; Phelan- v. Supervisors, 9 Cal. 16; Ai-genti v. San Francisco, 30 Id. 462. • ' ' - . ■■ "Where oral pleadings are made in…
1Opinion of the CourtKellam, J.
This action was commenced in justice’s court. Appellant, as plaintiff, declared for damages on contract. Respondent, as defendant, answered a general denial, and pleaded a counterclaim on contract. The plaintiff did not reply. At the close of plaintiff's evidence, defendant moved for judgment on his counterclaim, less whatever the court should find due plaintiff on his cause of action. Plaintiff then asked leave to file a reply. The court refused both motions. Defendant offered no evidence, and the court gave judgmeirt for plaintiff for the amount found due upon his evidence. Defendant…
2Cases cited3 opinions
- Griffin v. . MarquardtNew York Court of Appeals · 1858
- Schroeder v. Schweizer Lloyd Transport Versicherungs GesellschaftCalifornia Supreme Court · 1882
- Gunsolus v. LormerWisconsin Supreme Court · 1882
3Cited by2 opinions
- Olson v. ShirleyNorth Dakota Supreme Court · 1903
- City of Yankton v. DouglassSouth Dakota Supreme Court · 1896