Legal Opinion

Miller v. Durst

South Dakota Supreme Court

Decided June 12, 1901PublishedCited by 2 opinions

Appeal from circuit court Custer county. Hon. Devi McGee, Judge. Action by Nancy S. Miller against John P. Durst to recover compensation for services performed for defendant. From a judgment in favor of plaintiff, and from an order denying a new trial, the defendant appeals. The facts are stated in the opinion.

1Opinion of the CourtCorson, J.

This is an action by the plaintiff to recover a balance due for work and labor performed by her for the defendant. Verdict and judgment for the plaintiff, and the defendant appeals.

It is alleged in the complaint that the services performed by the plaintiff were to be paid for at the rate of $20 per month, and she claimed a balance due her of $262.80, with interest and costs. The defendant denied making the' contract; denied that any sum was due or owing to the plaintiff, but admitted that certain services were rendered by her. He also sets up certain counter claims as follows.: First, that…

2Cases cited11 opinions

  1. Clifton v. United StatesSupreme Court of the United States · 1846
  2. Carpentier v. WilliamsonCalifornia Supreme Court · 1864
  3. Georgia Pacific Railway Co. v. StricklandSupreme Court of Georgia · 1888
  4. Noyes v. BeldingSouth Dakota Supreme Court · 1894
  5. Moffet v. . SackettNew York Court of Appeals · 1859

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3Cited by2 opinions

  1. State v. RiggsSouth Dakota Supreme Court · 1910
  2. Tosini v. Cascade Milling Co.South Dakota Supreme Court · 1908

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