Banbury v. Sherin
South Dakota Supreme Court
Appeal from circuit court, Marshall county. Hon. A. W. Campbell, Judge. Action for damages for wrongfully holding over real property after the expiration of the term of tenancy. Plaintiff had judgment. Defendant appeals. The facts are stated in the opinion. The plaintiff could not combine two actions against the defendant, one as a trespasser and the other as a tenant. Am. Enc.
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Appeal from circuit court, Marshall county. Hon. A. W. Campbell, Judge. Action for damages for wrongfully holding over real property after the expiration of the term of tenancy. Plaintiff had judgment. Defendant appeals. The facts are stated in the opinion. The plaintiff could not combine two actions against the defendant, one as a trespasser and the other as a tenant. Am. Enc. Law, 759; Wood’s Law & Ten. § 557. Error cannot be alleged where no exception was taken to the order denying appellant’s motion for a new trial. Bostwick v. Knight, 40 N. W. 344; Lamet v. Miller, 11 Pac. 745; Purdam v.…
1Opinion of the CourtKellam, J.
This was an action by respondent against appellant to recover damages for wrongfully holding over real property after the expiration of his term. The complaint was in two counts, the first claiming double damages under Section 4609, Comp Laws, for wilfully holding over; and the second, damages generally for wrongfully holding over. In each count or cause of action the complaint alleged that at the time of the making of the lease under which the defendant went into possession the demised premises were owned by plaintiff’s grantor, with whom the original lease was made; that subsequently and…
2Cases cited4 opinions
- Schuyler v. . SmithNew York Court of Appeals · 1873
- Conway v. StarkweatherCourt for the Trial of Impeachments and Correction of Errors · 1845
- Kennedy v. FaldeSupreme Court Of The Territory Of Dakota · 1886
- Galloway v. McLeanSupreme Court Of The Territory Of Dakota · 1881
3Cited by14 opinions
- Harris v. ReedIdaho Supreme Court · 1912
- People v. HartUtah Supreme Court · 1894
- Calkins v. Seabury-Calkins Consol. Min. Co.South Dakota Supreme Court · 1894
- Comeau v. HurleySouth Dakota Supreme Court · 1909
- Banbury v. SherinSouth Dakota Supreme Court · 1893
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