Anderson v. Chilson

Citations

• 8 S.D. 64
• 65 N.W. 435
• 1895 S.D. LEXIS 18

Syllabus

<p>1. Although the common law forms have been abolished, an equitable action under the code system is clearly distinguishable from one at law.</p> <p>2. Where a complaint states a cause of action clearly equitable in its character, and contains a prayer for an accounting with numerous persons charged in a fiduciary capacity, a judgment at law entirely inconsistent therewith, established by the evidence against one of the defendants only, for damages upon a breach of contract to pay a stipulated sum of money, cannot be entered, and the complaint will be dismissed.</p> <p>. (Syllabus by the Court.</p>