Pitts v. Oliver
South Dakota Supreme Court
Appeal from circuit court, Brule county. Hon. Frank B. Smith, Judge. Action by G. W. Pitts and others, co-partners as the Bank of Iowa & Dakota, against John Oliver. Prom an order denying plaintiff’s motion to strike certain paragraphs from defendant’s answer, they appeal. The facts are stated in the opinion. Where a second action between the' same parties is upon a different claim or demand, the judgment in the prior action only applies to the issues controverted.
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Appeal from circuit court, Brule county. Hon. Frank B. Smith, Judge. Action by G. W. Pitts and others, co-partners as the Bank of Iowa & Dakota, against John Oliver. Prom an order denying plaintiff’s motion to strike certain paragraphs from defendant’s answer, they appeal. The facts are stated in the opinion. Where a second action between the' same parties is upon a different claim or demand, the judgment in the prior action only applies to the issues controverted. Noyes v. Belding, 6 S. D. 629; Howard v. Huron, 6 S. D. 180. The issues must be within the pleading. Seiberling y. Mortenson, 10…
1Opinion of the CourtCorson, J.
This is an appeal from an order denying plaintiff’s motion to strike out paragraphs 4 and 6 from the defendant’s answer. The action was brought by the plaintiffs to recover of the defendant damages for neglecting to take proper care of a flock of sheep which had been mortgaged to the plaintiffs and defendant, by which plaintiffs sustained damages to the amount of 1851.10. The paragraphs sought to be stricken out from the answer are as follows: “(4) s * * And this defendant alleges, as a bar to the cause of action set out by the plaintiffs in this suit, that in the action above described, then…
2Cases cited7 opinions
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