Reports of Cases Decided in the Supreme Court of the State of South Dakota, Volume 30Carter Publishing Company, 1913 |
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action affidavit alleged answer Appeal from Circuit appellant appellant's assignment of error attorney authority ballot bank boundary line charge circuit court cited claim clearly Clifton township complaint constitute construction contended corporation counsel county commissioners Criminal damages Dawes Act deed defendant defendant's demurrer directed verdict drainage ditch election electors entitled estoppel evidence ex rel fact fendant game warden held indictment insane instruction Iowa judgment jurisdiction jury land legislature Lyman county mandamus Meade County ment miner's inches Minnehaha County mortgage motion objection offense officers Opinion filed owner party person petition plaintiff pleadings possession proceedings prosecution purchase purpose question quitclaim deed reason record Republican respondent rule school district South Dakota Stanley county statute sufficient supra survey sustained testified testimony therein thereof tion township line trial court ultra vires verdict vote voters Wallace warrant witness writ
Popular passages
Page 454 - In every action for the recovery of real property, or the possession thereof, the person establishing a legal title to the property is presumed to have been possessed thereof within the time required by law, and the occupation of the property by any other person is deemed to have been under and in subordination to the legal title...
Page 592 - A statement of the acts constituting the offense, in ordinary and concise language, and in such manner as to enable a person of common understanding to know what is intended.
Page 234 - The case was submitted to the trial court upon an agreed statement of...
Page 218 - The detriment caused by the breach of an obligation to pay money only, is deemed to be the amount due by the terms of the obligation, with interest thereon.
Page 690 - It is a familiar canon of construction that a thing which is within the intention of the makers of a statute is as much within the statute as if it were within the letter; and a thing which is within the letter of the statute is not within the statute unless it be within the intention of the makers.
Page 161 - The court may, before or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process or proceeding, by adding or striking out the name of any party ; or by correcting a mistake in the name of a party, or a mistake in any other respect...
Page 47 - The execution of a contract in writing, whether the law requires it to be written or not, supersedes all the oral negotiations or stipulations concerning its matter which preceded or accompanied the execution of the instrument.
Page 471 - ... tried without a jury, or such further time as the court in which the action is pending, or a judge thereof, may allow, prepare the draft of a bill, and serve the same, or a copy thereof, upon the adverse party.
Page 188 - Thereafter, on the same day and as a part of the same transaction, the said...
Page 15 - An estate in real property, other than an estate at will or for a term not exceeding one year, can be transferred only by operation of law, or by an instrument in writing, subscribed by the party disposing of the same, or by his agent thereunto authorized by writing.