First Nat. Bank v. D. S. B. Johnson Land Mortg. Co.
South Dakota Supreme Court
Appeal from circuit court, Spink county; Hon. J. H. McCoy, Judge. Action by the First National Bank of Charles City and another against the D. S. B. Johnson Land Mortgage Company and another. From an order overruling demurrer to the complaint, defendants appeal. Under the-statute § 143 Code of Civil Procedure, the causes of action united in the complaint must not only affect all the defendants, but all the plaintiffs as well.
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Appeal from circuit court, Spink county; Hon. J. H. McCoy, Judge. Action by the First National Bank of Charles City and another against the D. S. B. Johnson Land Mortgage Company and another. From an order overruling demurrer to the complaint, defendants appeal. Under the-statute § 143 Code of Civil Procedure, the causes of action united in the complaint must not only affect all the defendants, but all the plaintiffs as well. All the plaintiffs must have an interest in and be affected by each cause of action. Pomeroy’s Rem. & Rem. R., Sec 483, and cases; Anderson v. Scandia Bank of…
1Opinion of the CourtCorson, J.
This case comes before us on an appeal from an order overruling separate demurrers interposed by the defendants to the plaintiff’s complaint. The demurrers were upon the following grounds: ‘ ‘First. That several causes of action are improperly united therein. Second. That the first cause of action does not state facts sufficient to constitute a cause of action so far as the plaintiff the First National Bank of Charles City is concerned. * * * Third. That the second cause of action does not state .facts sufficient to constitute a cause of action as to either defendant.” The complaint attempts…
2Cases cited8 opinions
- Pennie v. HildrethCalifornia Supreme Court · 1889
- Dailey v. HoustonSupreme Court of Missouri · 1874
- Hawarden v. Youghiogheny & Lehigh Coal Co.Wisconsin Supreme Court · 1901
- Ludlow v. LudlowIndiana Supreme Court · 1887
- Foreman v. BoyleCalifornia Supreme Court · 1891
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3Cited by5 opinions
- Stovall v. Texas Co.Court of Appeals of Texas · 1924
- Everly v. Black Hills United Mining Co.South Dakota Supreme Court · 1934
- Maass v. PattersonMontana Supreme Court · 1949
- Simonson v. Farmers ExchangeSouth Dakota Supreme Court · 1939
- Stovall v. Texas Co.Court of Appeals of Texas · 1924