Sando v. Roberts
South Dakota Supreme Court
Appeal from Circuit Court, Roberts County. Hon. Ti-iomas L. Boucic, Judge. Action ¡by -Mary Sando, as guardian of the estate of Oluf Sando, insane, against Roberts County, to recover proceeds of crops from certain alleged homestead lands of plaintiff and her insane husband.
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Appeal from Circuit Court, Roberts County. Hon. Ti-iomas L. Boucic, Judge. Action ¡by -Mary Sando, as guardian of the estate of Oluf Sando, insane, against Roberts County, to recover proceeds of crops from certain alleged homestead lands of plaintiff and her insane husband. From an order that the complaint be amended by adding plaintiff individually as a party plaintiff, and that defendant answer or demur to the complaint, and overruling a motion to make the complaint more definite and certain, defendant appeals. (2) To point two of the opinion, Appellant cited: Dias et al. v. Phillips, 59…
1DissentSmith, J.
While I concur in the general principles announced in the majority opinion, I believe they are misapplied in. this case. The statement in the opinion that there are “allegations intermingled in the same complaint, showing that Mary Sando as an individual has,, or claims to have, an interest in the same subject-matter of suit that would constitute a cause of action in her favor for the recovery of the same moneys,” I think is not warranted by any allegation of the complaint. The only allegations referring to Mary Sando as an individual are that she is the wife of Oluf Sando, insane, and one…
2Cases cited6 opinions
- Tyler v. MayreCalifornia Supreme Court · 1892
- Walker v. Smyser's ex'rsCourt of Appeals of Kentucky · 1882
- Byrne v. ByrneCalifornia Supreme Court · 1892
- Roodhouse v. RoodhouseIllinois Supreme Court · 1890
- Dias v. PhillipsCalifornia Supreme Court · 1881
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