City of Fort Pierre v. Western Surety Co.

South Dakota Supreme Court

City of Fort Pierre v. Western Surety Co.

159 N.W. 869, 38 S.D. 15, 1916 S.D. LEXIS 113

CourtSouth Dakota Supreme Court

DecidedNovember 13, 1916

DocketFile No. 4014

StatusPublished

This text of 159 N.W. 869 (City of Fort Pierre v. Western Surety Co.) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of Fort Pierre v. Western Surety Co., 159 N.W. 869, 38 S.D. 15, 1916 S.D. LEXIS 113 (S.D. 1916).

Pincite

Opinion

WHITING, J.

This is an appeal from- an order overruling a demurrer to one count in, a complaint. The cause of action sought to be alleged In' such count was one on an official bond. The bond was not effective until May 9, 1910. The official wrongdoing was alleged to have occurred during a period commencing' May 6, 1910. There is nothing to show but what the entire cause of action — so far as the pleading shows any actionable wrong— occurred prior to May 9, 1910. The demurrer should have been sustained. Adams Co. v. Western Surety Co., 35 S. D. 194, 154 N. W. 890.

The order appealed from is reversed.

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WHITING, J.

This is an appeal from- an order overruling a demurrer to one count in, a complaint. The cause of action sought to be alleged In' such count was one on an official bond. The bond was not effective until May 9, 1910. The official wrongdoing was alleged to have occurred during a period commencing' May 6, 1910. There is nothing to show but what the entire cause of action — so far as the pleading shows any actionable wrong— occurred prior to May 9, 1910. The demurrer should have been sustained. Adams Co. v. Western Surety Co., 35 S. D. 194, 154 N. W. 890.

The order appealed from is reversed.

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Bluebook (online)

159 N.W. 869, 38 S.D. 15, 1916 S.D. LEXIS 113, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-fort-pierre-v-western-surety-co-sd-1916.