Quinn v. Conklin
South Dakota Supreme Court
Appeal from Circuit Court, Clark County. lion. Cart, G. Sherwood, Judge. Action by IX J. Quinn .against S. J. Conklin, begun in justice’s court and appealed by defendant on both law and fact, to the Circuit Court. From an order sustaining a demurrer to the answer and counter-claim, defendant appeals. This action, from 'the nature of ,the appeal, is to be tried de novo in the circuit court.
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Appeal from Circuit Court, Clark County. lion. Cart, G. Sherwood, Judge. Action by IX J. Quinn .against S. J. Conklin, begun in justice’s court and appealed by defendant on both law and fact, to the Circuit Court. From an order sustaining a demurrer to the answer and counter-claim, defendant appeals. This action, from 'the nature of ,the appeal, is to be tried de novo in the circuit court. Bank of Worthing v. Sanderson, 24 S. *D. 443; Justice -Code, Section 101. A part}- appealing from a judgment of a justice of the peace to the circuit court, may, by leave of 'that court, before the trial,…
1Opinion of the CourtPolley, J.
This action originated in a justice court. The summons was -duly served upon the defendant, but he defaulted, and judgment was entered against him. He then appealed to the circuit court uipon questions of both law and fact and demanded a' new trial in said circuit court. In the circuit court, defendant, having- obtained leave to answer plaintiff's complaint, served and filed an answer, which, in addition to a general denial, set up a counterclaim in which he claimed an amount far in excess of the jurisdictional limit of a justice of the peace. To -this answer plaintiff demurred, upon the…
2Cases cited6 opinions
- Zitske v. GoldbergWisconsin Supreme Court · 1875
- Heath v. HeathWisconsin Supreme Court · 1872
- People's Sec. Bank v. SandersonSouth Dakota Supreme Court · 1909
- Dressler v. DavisWisconsin Supreme Court · 1860
- Mann v. HvammenSouth Dakota Supreme Court · 1913
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Nomland Motor Company v. AlgerNorth Dakota Supreme Court · 1949
- Board of County Com'rs v. AlthenSouth Dakota Supreme Court · 1949