Harrington v. Wilson

Citations

• 10 S.D. 606
• 74 N.W. 1055
• 1898 S.D. LEXIS 47

Syllabus

<p>1. .A motion to amend a complaint, under Comp. Laws, § 4938, is properly-denied, when -the proposed amendment substantially changes the cause of action.</p> <p>2. A motion to amend a complaint so as to state facts in conflict with previous findings of the interior department relating to land in controversy is properly refused, in the absence of any fraud or mistake in the department’s decision upon.questions of fact.</p> <p>3. A motion to strike from the record all testimony relating to a line of survey, and improvements made on land in reference thereto, is properly granted, since it appears that the line has been previously established, and the question of improvements determined, by the interior department.</p>