Butz v. Richland Tp.
South Dakota Supreme Court
Appeal from Circuit Court, Beadle County. Hon. Alva E. Taylor, Judge. Action by Edward L- Butz against Richland Township. From a judgment for defendant and from an order denying a new trial, plaintiff appeals. Aii estoppel relied upon must be pleaded with particularity and precision, for nothing will be supplied by intendment, and any inference will be against and not in favor of estoppel.
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Appeal from Circuit Court, Beadle County. Hon. Alva E. Taylor, Judge. Action by Edward L- Butz against Richland Township. From a judgment for defendant and from an order denying a new trial, plaintiff appeals. Aii estoppel relied upon must be pleaded with particularity and precision, for nothing will be supplied by intendment, and any inference will be against and not in favor of estoppel. Dudley v. Pigg, 149 Ind. 363; vol. 16 Cyc. 806. Facts constituting an estoppel must be especially pleaded in order to be available as a defense. Walker v. Baxter, 6 Wash. 244; Warden v. Baldwin, 51 Wis.…
1Opinion of the CourtCorson, J.
This is an appeal by the plaintiff from a judgment entered in favor of the defendant and from an order denying a new trial. The action was instituted by the plaintiff to restrain the defendant from continuing to flow water from an artesian well owned by it over and upon premises owned by him, and for damages resulting from the flow of such water upon the premises of the plaintiff. It is alleged in the complaint, in substance, that the plaintiff is the owner in possession of and entitled to the possession of a quarter section of land in Beadle county, and that the defendant constructed a well…
2Cases cited6 opinions
- Wynn v. GarlandSupreme Court of Arkansas · 1857
- Cook v. C., B. & Q. R. Co.Supreme Court of Iowa · 1875
- Wickersham v. OrrSupreme Court of Iowa · 1859
- Beatty v. GregorySupreme Court of Iowa · 1864
- Johnson v. LewisSupreme Court of Arkansas · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Coumas v. Transcontinental Garage, Inc.Wyoming Supreme Court · 1951
- First Church of Christ v. RevellSouth Dakota Supreme Court · 1942
- Gilbert v. SchnuerleSouth Dakota Supreme Court · 1926
- Thompson v. FinnerudSouth Dakota Supreme Court · 1927