Eads v. Wagner
South Dakota Supreme Court
Appeal from Circuit Court, Bon Homme County. Hon. Robiírt B. Tripp, Judge. Action by E. A. Eads against L. L. Wagner, Sheriff, to recover possession of specific personal property. From. an order overruling a demurrer to" the complaint, defendant appeals. (x) Under point one of the opinion, Respondent cited: Johnson v. Flillenbrand, 18 S. D. 446.
1Opinion of the CourtSmith, J.
Action to recover possession of specific personal property. A demurrer to the complaint was overruled, and defendant appeals.
Appellant assigns six grounds of insufficiency in the allegations of the complaint, the sixth being that “the value of the property in controversy is not alleged.”
Respondent relies upon the decision of this court in Johnson v. Hillenbrand, 18 S. D. 446, 101 N. W. 33. The precise question was not passed upon in that case, although it must be conceded that the language used in the opinion would appear to sustain respondent’s contention. It was there, held, upon demurrer…
2Cases cited6 opinions
- Faulkner v. First National BankCalifornia Supreme Court · 1900
- National Bank of Commerce v. FeeneySouth Dakota Supreme Court · 1897
- Jackson v. MorganIndiana Supreme Court · 1906
- Lomme v. SweeneyMontana Supreme Court · 1872
- Am.-German Nat. Bank v. Gray & Dudley H'd'w Co.Court of Appeals of Kentucky · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- In Re DavisUnited States Bankruptcy Court, D. South Dakota · 1984
- Anderson v. CravenSouth Dakota Supreme Court · 1930
- Duplex Printing Press Co. v. PubLic Opinion Publishing Co.South Dakota Supreme Court · 1919