Carter Publishing Co. v. Dennett

Citations

• 11 S.D. 486
• 78 N.W. 956
• 1899 S.D. LEXIS 24

Syllabus

<p>1. Under Comp. Laws, § 6141, providing that a justice of the peace shall require security for costs from nonresident plaintiffs before issuing a summons, the filing of security is not a condition precedent to the jurisdiction of the justice to issue summons and proceed to final judgment on default.</p> <p>2. The receipt of rent by the owner of premises after rendition of a judgment in his favor in an action for possession, which rent was due prior to the suit, is not a waiver or abandonment of the judgment.</p> <p>3. Where the answer admitted that plaintiffs had been tenants of defendants, but alleged that they were then wrongfully in possession, and, on the trial, defendant’s counsel stated, “it is admitted in the pleadings” that plaintiffs “are tenants of the defendants,” it is presumed that it was not intended thereby to make any further admission than was madé in the pleadings.</p>