Jennings v. Des Moines Mutual Hail & Cyclone Ins.
South Dakota Supreme Court
Appeal from Circuit Court, McPherson County. Honorable Joseph H. Bottum, Judge. Action by E. H. Jennings against the Des Moines Mutual Hail and Cyclone Insurance Association. From an order vacating an order sustaining a demurrer to the complaint, defendant appeals. Treating the proceeding in the nature of an application for a new trial, it is fatally defective in that it lacks all the essential statutory steps required upon- an application of this kind.
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Appeal from Circuit Court, McPherson County. Honorable Joseph H. Bottum, Judge. Action by E. H. Jennings against the Des Moines Mutual Hail and Cyclone Insurance Association. From an order vacating an order sustaining a demurrer to the complaint, defendant appeals. Treating the proceeding in the nature of an application for a new trial, it is fatally defective in that it lacks all the essential statutory steps required upon- an application of this kind. Section 302, Code Civil Procedure, as amended toy Chapter 173 Laws 1913- No affidavits have toeen served in support of the motion, nor had…
1Opinion of the CourtCoy, J.
[i] On the 4th day of June, 1913, there was made and entered in the circuit court of McPherson County, an order sustaining a demurrer to plaintiffs complaint; demurrer theretofore having been interposed on the ground that said complaint did not contain a sufficient statement of facts to constitute a cause of action. Thereafter, on the 27th day of June, in another county of the same circuit, before the s'ame judge, motion was made to the court to set aside the said order sustaining the said demurrer upon the ground that the court erred in sustaining the said demurrer to plaintiff’s complaint.…
2Cases cited9 opinions
- Kamp v. . KampNew York Court of Appeals · 1874
- President of the Bank of the United States v. MossSupreme Court of the United States · 1847
- Furman v. . FurmanNew York Court of Appeals · 1897
- State ex rel. McClory v. DonovanNorth Dakota Supreme Court · 1901
- Garr, Scott & Co. v. SpauldingNorth Dakota Supreme Court · 1892
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Janssen v. TushaSouth Dakota Supreme Court · 1942
- Matter of Estate of DavisSouth Dakota Supreme Court · 1994
- Matter of Estate of DavisSouth Dakota Supreme Court · 1994