Burnett v. Myers
South Dakota Supreme Court
Appeal from Circuit 'Court, Lincoln County. Hon. Louis L. FeEEGER, Judge. Action by B. F. Burnett, against Henry Myers, to recover damages caused by trespass of defendant’s hogs. From an order presenting a demurrer to the complaint, plaintiff appeals. (1) To point one of the opinion, Appellant cited, re remedy : Vol. 23, Am. & Eng.
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Appeal from Circuit 'Court, Lincoln County. Hon. Louis L. FeEEGER, Judge. Action by B. F. Burnett, against Henry Myers, to recover damages caused by trespass of defendant’s hogs. From an order presenting a demurrer to the complaint, plaintiff appeals. (1) To point one of the opinion, Appellant cited, re remedy : Vol. 23, Am. & Eng. Enc. of Law, at page 393; Corpus Juris, Vol. 3, page 139, paragraph 417. (2) To point two, Appellant cited, re common law: Hiouska v. Hrabe, 35 S. D. 269, 151 N. W. 1021. Respondent cited: Reeves & Co. v. Russell, L. R. A. 1915 D.- 1149 at 1161, N. D.; Dollar…
1Opinion of the CourtPolley, J.
Plaintiff is claiming damages alleged to have been caused by the trespass of defendant’s .hogs. The complaint does not allege that the action was commenced within 60 days after the infliction of the damages, as is required by the provisions of chapter 244, Laws of 1907, nor does it allege that plaintiff had given the defendant notice of the damage and the probable amount thereof, as is required by section 3 of that act. Defendant demurred to the complaint upon the ground that it does not state facts sufficient to constitute a cause of action. The demurrer was sustained, and plaintiff' appeals.
2Cases cited4 opinions
- Opinion of the JusticesSupreme Court of New Hampshire · 1891
- Boston Ice Co. v. Boston & Maine RailroadSupreme Court of New Hampshire · 1913
- Halverson v. GlassSouth Dakota Supreme Court · 1915
- Houska v. HrabeSouth Dakota Supreme Court · 1915
3Cited by9 opinions
- Hohm v. City of Rapid CitySouth Dakota Supreme Court · 2008
- State v. MossSouth Dakota Supreme Court · 2008
- Janish v. MurthaSouth Dakota Supreme Court · 1979
- Belau v. BussSouth Dakota Supreme Court · 1925
- Richardson v. HalvorsonSouth Dakota Supreme Court · 1921
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