McManus v. Maloy
South Dakota Supreme Court
Appeal from Circuit Court, Yankton County. Hon. Robert 1>. .Tripp, Judge. • . Action by Michael -McManus against Mark Malloy, for forcible entry and detainer. From -an order of the Circuit Court remanding the cause for trial by Justice Court, defendant appeals. The only question for this court to determine is whether from the answer of the defendant, verified by his oath, it appears that the determination of the action will necessarily involve the title to real estate.
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Appeal from Circuit Court, Yankton County. Hon. Robert 1>. .Tripp, Judge. • . Action by Michael -McManus against Mark Malloy, for forcible entry and detainer. From -an order of the Circuit Court remanding the cause for trial by Justice Court, defendant appeals. The only question for this court to determine is whether from the answer of the defendant, verified by his oath, it appears that the determination of the action will necessarily involve the title to real estate. Section 9 of the Justices’ Code provides that parties to an action in justice’s court cannot introduce evidence upon any…
1Opinion of the CourtCorson, J.
This is an appeal by the defendant from an order of the circuit court of Yankton county remanding the cause back to the justice court for trial. The action was one of forcible entry and detainer, and was instituted by the plaintiff in the justice court. Paragraph 1 of the complaint is as follows: “That heretofore, to-wit, in the year 1911, one E. G. Edgerton leased orally to- the defendant the following described real property situate in the county of Yankton and state of South Dakota, to-wit: * * * -said lease to expire the last day of February, 1912, and the said defendant -entered into the…
2Cases cited11 opinions
- Josselson v. SonnebornCourt of Appeals of Maryland · 1909
- Winterfield v. StaussWisconsin Supreme Court · 1869
- Anderson v. Ferguson and ZaringSupreme Court of Oklahoma · 1902
- Murry v. BurrisSupreme Court Of The Territory Of Dakota · 1889
- Stone v. BlanchardNebraska Supreme Court · 1910
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3Cited by5 opinions
- Aegerter v. HayesSouth Dakota Supreme Court · 1929
- Koehne v. HarveyDistrict of Columbia Court of Appeals · 1946
- Mindell v. GlennDistrict of Columbia Court of Appeals · 1949
- Heiser v. RodwaySouth Dakota Supreme Court · 1976
- Heiser v. RodwaySouth Dakota Supreme Court · 1976