Houts v. Bartle
South Dakota Supreme Court
Appeal from circuit court, Turner county, Hon. E. G. Smith, Judge. Action by W. A. Houts and others against Ered A. Bartle and others. From a judgment in favor of defendants, and from an order denying a new .trial, plaintiffs appeal.
1Opinion of the CourtFueeek, P. J.
As every defense for which the legislature has provided is meritorious, there was no abuse of judicial discretion in allowing the statute of .limitations to be set up by way of an amendment to the answer filed in this case. Garvie v. Greene, 9 S. D. 608, 70 N. W. 847. The facts before us as to the running of such statute are practically identical with a case just decided (Houts v. Hovne, 14 S. D.-84 N. W. 773), where it is held that plaintiff's cause of action is barred b)*- the statute, and for the same reason the judgment from which this appeal was taken is affirmed.
2Cases cited2 opinions
- Houts v. HoyneSouth Dakota Supreme Court · 1900
- Garvie v. GreeneSouth Dakota Supreme Court · 1897
3Cited by6 opinions
- Bigelow v. WalravenMichigan Supreme Court · 1974
- Stapleton v. O'HaraSupreme Court of Oklahoma · 1912
- Froelich v. SwaffordSouth Dakota Supreme Court · 1914
- O'Neill v. JonesSouth Dakota Supreme Court · 1909
- Leslie v. SmithSouth Dakota Supreme Court · 1931
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