Greeley v. Winsor
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Frank R. Aikens, Judge. This was an action upon an undertaking against loss or decrease in rents. Defendants’ demurrer was overruled in court below, and on appeal was reversed. Remanded, with order that it be dismissed and judgment be entered against plaintiff for costs. The judgment for costs was satisfied. Respondent was then allowed by court below to file an amended complaint, from which order defendants appeal.
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Appeal from circuit court, Minnehaha county. Hon. Frank R. Aikens, Judge. This was an action upon an undertaking against loss or decrease in rents. Defendants’ demurrer was overruled in court below, and on appeal was reversed. Remanded, with order that it be dismissed and judgment be entered against plaintiff for costs. The judgment for costs was satisfied. Respondent was then allowed by court below to file an amended complaint, from which order defendants appeal. The facts are stated in the opinion. The judgment entered in the case at bar was the final determination of the rights of the…
1Opinion of the CourtBennett, J.
The above-entitled action was tried by the court below upon a demurrer interposed to the complaint by tbe defendants, which demurrer was overruled, and defendants appealed. The decision of the lower court was reversed, and a judgment was rendered directing the circuit court to sustain the demurrer, and in addition adjudged that the defendants recover the sum of $150.60, the costs of the appeal. A remittitur was sent down to the circuit court ordering “that the case be, and is hereby, remanded to the circuit court for further proceedings according to law and the judgment of this court.” On the…
2Cases cited1 opinion
- Tillspaugh v. DickNew York Supreme Court · 1853
3Cited by4 opinions
- Laenger v. LaengerSupreme Court of Louisiana · 1915
- Koenkamp v. PicassoSouth Dakota Supreme Court · 1935
- Todd v. ToddSouth Dakota Supreme Court · 1895
- Connor v. KnottSouth Dakota Supreme Court · 1897