Coleman v. Stalnacke
South Dakota Supreme Court
Appeal from circuit court, Lawrence county, Hon. Joseph B. Moore, Judge. Action by Timothy D. Coleman against Peter Stalnacke to recover possession of certain realty and the value of its use and occupation. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtCorson, J.
This was an action to recover the possession of a tract of land, damages for its detention, and the value'of the use *243and occupation of the same. The action was tried' by the court without a jury, and findings and judgment being in favor of the plaintiff, the defendant appeals. The appeal being from the judgment alone, the only questions presented are whether or not the pleadings and findings support the judgment.
The appellant assigns as error (i) that the complaint does not state a cause of action, for the reason that there is no allegation that the land in controversy is in Lawrence county,…
2Cases cited4 opinions
- Barnes v. ClementSouth Dakota Supreme Court · 1899
- Williams v. WaitSouth Dakota Supreme Court · 1891
- Seymour v. ClevelandSouth Dakota Supreme Court · 1896
- Holden v. AndrewsCalifornia Supreme Court · 1869
3Cited by1 opinion
- BankWest, N.A. v. GrosecloseSouth Dakota Supreme Court · 1995