Huempfner v. Bailly
South Dakota Supreme Court
Appeal from Circuit Court, Roberts County. H'on. Care G. •Sherwood, Judge. Action by Elizabeth J. Huempfner, against Charles W. Bailly, •to recover damages for seduction. Erom a judgment for .plaintiff, and from an order denying a new trial, defendant appeals. (2) To point two of the opinion, Respondent cited: Code Civ.
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Appeal from Circuit Court, Roberts County. H'on. Care G. •Sherwood, Judge. Action by Elizabeth J. Huempfner, against Charles W. Bailly, •to recover damages for seduction. Erom a judgment for .plaintiff, and from an order denying a new trial, defendant appeals. (2) To point two of the opinion, Respondent cited: Code Civ. Proc., Sec. 119. (3) To point three of the opinion, Appellant cited: 5 Cyc. 1004, and note; Erost v. Vought, 37 Mich. 65. (5) To- point five of the opinion, Appellant cited: Rice on Evidence, Sec. 138; Rice on Evidence, Sec. 137, 214; Jones on Evidence, Seos. 339, 343, 344,…
1Opinion of the CourtWhiting, J.
This appeal is from a judgment and an order denying a new trial. The only errors assigned are errors of the trial court in admitting evidence, and an error in denying a motion for new -trial, which motion was based upon the ground of newly discovered evidence.
[1-3] Appellant objected to the receipt of any evidence in support of the complaint, upon the ground that such complaint *536did not state a cause of action. The complaint, without denominating them two causes of action, set forth facts which constituted a cause of action for seduction, and also facts which would have constituted 'a cause of…
2Cases cited3 opinions
- Missouri Pacific Railway Co. v. NeiswangerSupreme Court of Kansas · 1889
- Nerger v. Equitable Fire Ass'nSouth Dakota Supreme Court · 1906
- First Nat. Exch. Bank v. ShermanSouth Dakota Supreme Court · 1897
3Cited by4 opinions
- Fugate v. StateNebraska Supreme Court · 1959
- School District of City of Pontiac v. SachseMichigan Supreme Court · 1936
- Braun Ex Rel. Braun v. HeidrichNorth Dakota Supreme Court · 1932
- Robinson v. MooreCourt of Appeals of Texas · 1966