Berry v. Bingaman

Citations

• 1 S.D. 525
• 47 N.W. 825
• 1891 S.D. LEXIS 55

Syllabus

<p>1. When a summons in justice court fully sets out the facts constituting plaintiff’s cause of action, such action as so shown being founded on a tort, the complaint, when filed, alleging the same facts as the summons, it is not error to refuse to set aside the complaint because the summons contains a notice that, if defendant fail to appear and answer, plaintiff will take judgment for the amount specified in the summons, instead of a notice that he will apply to the court for the relief demanded.</p> <p>2. The rule is approved that where the summons in justice court, as required by Section 6053, Comp. Laws, contains “a sufficient statement of the cause of action in general terms to apprise the defendant of the nature of the claim ag'ainst him,” or where, in the circuit court, the summons and complaint are served together, so that the defendant is fully informed as to the nature of the cause of action, a motion to set aside the complaint because it varies from the summons as to the nature of the action should not bo allowed.</p> <p>(Syllabus by the court.</p>