Anderson v. Chilson
South Dakota Supreme Court
Appeal from circuit court, Day county. Hon. A. W. Campbell, Judge. Action for an accounting. From a judgment of dismissal, plaintiff appeals. The facts are stated in the opinion. Where the demurr,er is overruled and defendant answers all questions raised by the demurrer are waived, except the question of jurisdiction and that the complaint does not state facts sufficient to constitute a cause of action.
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Appeal from circuit court, Day county. Hon. A. W. Campbell, Judge. Action for an accounting. From a judgment of dismissal, plaintiff appeals. The facts are stated in the opinion. Where the demurr,er is overruled and defendant answers all questions raised by the demurrer are waived, except the question of jurisdiction and that the complaint does not state facts sufficient to constitute a cause of action. Hull v. Alexander, 26 la. 569; McLaren v. Hall, Id. 297; Plummer v. Roods, 4 Id. 587; Knox v. Montgomery, 109 Ind. 69. When a court of equity acquires jurisdiction of a case for one purpose it…
1Opinion of the CourtFuller, J.
As disclosed by the complaint, the substantive facts upon which plaintiff prays for an accounting with all the defendants are as follows: Plaintiff was the administrator of an estate, and defendants were sureties upon his bond. Defendant being called upon to make good an apparent shortage of $1,200 as shown at that time by plaintiff’s accounts with the estate, demanded and received from said plaintiff, to hol$ only as security for any money which they might be required to advance on account of such stock of *66merchandise, of the alleged value of $1,338, owned by a co-partnership of which…
2Cases cited5 opinions
- Bradley v. . AldrichNew York Court of Appeals · 1869
- Lewark v. CarterIndiana Supreme Court · 1889
- Park v. LideSupreme Court of Alabama · 1890
- Dalton v. VanderveerNew York Supreme Court · 1894
- Homer v. HomerMassachusetts Supreme Judicial Court · 1871
3Cited by3 opinions
- Byrne v. McKeachieSouth Dakota Supreme Court · 1912
- Craigo v. CraigoSouth Dakota Supreme Court · 1908
- Leisch v. BaerSouth Dakota Supreme Court · 1909