Smith v. Egan
South Dakota Supreme Court
Appeal from Municipal Court of Sioux Falls. Hon. Alpha F. Oru, Judge. Action by E. L. Smith, against George W. Egan, to recover for rentals, 'for certain damages, and for use of electric lighting. From a judgment entered upon a tender by defendant, and for taxable costs, defendant appeals. (1) Under point one of the opinion, Appellant cited: Sec. 410, Code Civ. Proc.; Sec. 1166, Civ. Code; Hill v. Place, (N. Y.) 36 How. Pr. 26. Respondent -cited: Sec. 1166, 1160, Civ.
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Appeal from Municipal Court of Sioux Falls. Hon. Alpha F. Oru, Judge. Action by E. L. Smith, against George W. Egan, to recover for rentals, 'for certain damages, and for use of electric lighting. From a judgment entered upon a tender by defendant, and for taxable costs, defendant appeals. (1) Under point one of the opinion, Appellant cited: Sec. 410, Code Civ. Proc.; Sec. 1166, Civ. Code; Hill v. Place, (N. Y.) 36 How. Pr. 26. Respondent -cited: Sec. 1166, 1160, Civ. Code; Row .v. Warden, 77 Cal. 94, 99; See, also, Sanders v. Bryer, 152 Mass. 141; Wood v. Hitchcock, 20 Wend. (N. Y.) 47, 48;…
1Opinion of the CourtPolley, J.
This is an appeal from a judgment for costs in the municipal co-urt of Sioux Falls. The action was brought by the plaintiff for the recovery of $288. This sum is composed of three separate items: One for -office rent; another for damage alleged to -have been caused by the negligent use of water in the said office; and a third item for electric light -claimed to have been consumed by appellant. In his answer defendant admitted that he had been a tenant of plaintiff, but alleged that he had tendered to plaintiff $270, which was the full amount due him, and that he had kept said tender good- by…
2Cases cited2 opinions
- Englander v. RogersCalifornia Supreme Court · 1871
- Stakke v. ChapmanSouth Dakota Supreme Court · 1900
3Cited by3 opinions
- State v. NortonNorth Dakota Supreme Court · 1934
- Equipment Service Professionals v. DenowhSouth Dakota Supreme Court · 2005
- Nelson v. Turner County BankSouth Dakota Supreme Court · 1930