Butler v. Ash

Citations

• 9 S.D. 611
• 70 N.W. 833
• 1897 S.D. LEXIS 104

Syllabus

<p>1. On a trial de novo on an appeal from justice court such amendments of the pleadings filed with the justice or entered by him in his docket may be allowed as might have been allowed by him.</p> <p>2. On appeal on law and facts from a judgment of a justice in an action for the keep of cattle, the complaint was amended so as to show that defendant was a sheriff, and as such siezed the cattle under a writ, and delivered them to plaintiff, as bailee, to keep pendente lite. No contest was' made on the merits on either trial, and judgment in both trials went agairst defendant individually. 23eld, that the amendment was not reversible error.</p>