Connor v. Corson
South Dakota Supreme Court
Appeal irom circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge. Action by Jessie F. Conner against W. H. Corson, W. E. Willey, and others. Judgment ior plaintiff, and defendants Corson and Willey appeal. The facts are stated in the opinion. Judgment on demurrer settles every matter which was well alleged in the pleading of the opposite party.
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Appeal irom circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge. Action by Jessie F. Conner against W. H. Corson, W. E. Willey, and others. Judgment ior plaintiff, and defendants Corson and Willey appeal. The facts are stated in the opinion. Judgment on demurrer settles every matter which was well alleged in the pleading of the opposite party. Aurora v% West, 7 Wall 82; Luttrell v. Reynolds, 37 S. W. 1051; 1 Freeman Judg. § 267; Gould v. Railroad, 91 U. S. 526; Lamb v. McConkey, 40 N. W. 77. An agent cannot by his subsequent declarations, create evidence against his principal. Bank…
1Opinion of the CourtFuller, P. J.
Some of the facts essential to a determination of this appeal from a judgment against sureties on a sheriff’s official bond, and an order overruling a motion for a new trial, are stated correctly by counsel for respondent as follows: “On the 4th day of June, 1894, George A. Knott, then sheriff *553of Minnehaha county, attached certain personal property of the respondent, in a suit in which one C. E. Ford was plaintiff and Charles J. Conner was defendant. On the 23d day of December, 1896, respondent recovered a judgment against said Knott in the sum of §1,629.75 for his said acts, which were…
2Cases cited11 opinions
- Hidden v. JordanCalifornia Supreme Court · 1865
- Wendt v. Chicago, St. P., M. & O. Railway Co.South Dakota Supreme Court · 1893
- People ex rel. Norris v. MersereauMichigan Supreme Court · 1889
- Enos v. St. Paul Fire & Marine InsuranceSouth Dakota Supreme Court · 1894
- Noyes v. BeldingSouth Dakota Supreme Court · 1894
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3Cited by7 opinions
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- Clark County v. BergstresserSouth Dakota Supreme Court · 1934
- Farmers' Elevator Co. v. United States Fidelity & Guaranty Co.South Dakota Supreme Court · 1919
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