Phillips v. Norton
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county; Hon. Joseph W. Jones, Judge. Action by Charles L. Phillips against John Norton and another to restrain the enforcement of a judgment. Prom an order overruling demurrers to the complaint, defendants appeal.
1Opinion of the CourtCorson, P. J.
This is an appeal from an order overruling defendants’ separate demurrers to the complaint. The demurrers were interposed upon the ground that the complaint did not state facts sufficient to constitute a cause of action. The only question, therefore, presented on this appeal, is as to whether or not the demurrers should have been sustained by the court below.
It is alleged, in substance,' in the complaint: That R. J. Huston was the duly elected and qualified sheriff of Minnehaha county. That on January 24, 1891, in justice court before R. C. Hawkins, a police justice, a judgment was rendered…
2Cases cited4 opinions
- Dieffenbach v. . RochNew York Court of Appeals · 1889
- Kerns v. GravesCalifornia Supreme Court · 1864
- Young v. RemerNew York Supreme Court · 1848
- Farmers' State Bank v. BalesNebraska Supreme Court · 1902
3Cited by2 opinions
- Enderlin Investment Co. v. NordhagenNorth Dakota Supreme Court · 1909
- Holton v. SchmarbackNorth Dakota Supreme Court · 1905