Kayser v. Nelson
South Dakota Supreme Court
Action by William N. Kayser, against Harvey Nelson, to recover damages for alleged alienation of plaintiff’s wife’s affections. From an order refusing to change the venue upon defendant’s motion, he appeals. (2) To point two of the opinion, Appellant cited: Lawyers Reports Annotated, 1916E, page 1090; Chap. 7, Art. 1, Part 9 of Title 2, Code 1919; Secs, xoo, 795, 'Code 1919. Respondent cited: Carrol v. Rye Township (N. D.) 101 -N. W. 894; McMurtry v. Kentuncy Cent.
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Action by William N. Kayser, against Harvey Nelson, to recover damages for alleged alienation of plaintiff’s wife’s affections. From an order refusing to change the venue upon defendant’s motion, he appeals. (2) To point two of the opinion, Appellant cited: Lawyers Reports Annotated, 1916E, page 1090; Chap. 7, Art. 1, Part 9 of Title 2, Code 1919; Secs, xoo, 795, 'Code 1919. Respondent cited: Carrol v. Rye Township (N. D.) 101 -N. W. 894; McMurtry v. Kentuncy Cent. R. Co. 84 Ky. 464, 1 S. W. 815; Morse v. Press Pu'b. Co. 71 N. Y. Supp. 348, 63 App. Div. 61; Delamater v. Russell (U. S-) 4 How.…
1Opinion of the CourtWhiting, J.
Plaintiff seeks damages for the alleged alienation of his wife’s affections. Pie brought action in the county where he alleges the wrong was committed. This was a county other than that of defendant’s residence. Defendant, after proper demand, applied to the circuit court for an order changing the venue to the county of his residence. From an order refusing such change, this appeal was taken.
The sole question presented is the proper construction to be given to section 2327, R. C. 19119. In this state, as we think, in the majority at least of the Code states in the chapter- of the Code…
2Cases cited1 opinion
- Moberg v. ScottSouth Dakota Supreme Court · 1917
3Cited by6 opinions
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- Lucas v. Lucas Ranching Co.California Court of Appeal · 1937
- Fargo v. MorganSouth Dakota Supreme Court · 1926
- Nielsen v. BoosSouth Dakota Supreme Court · 1997
- American Advertising Co. v. State Ex Rel. Department of TransportationSouth Dakota Supreme Court · 1979
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