Laney v. Ingalls

Citations

• 5 S.D. 183
• 58 N.W. 572
• 1894 S.D. LEXIS 51

Syllabus

<p>1. The answer in this case, which is based on a- promissory note, admits all that is essential to a recovery of the full amount claimed, but alleges an affirmative defense to a portion thereof, growing out of a breach of warranty of the property for which the note was given. Held, that the statute of this state fully sustains the answer, and sanctions the doctrine of recoupment involved therein, when the action is between the original parties, or those standing in their place.</p> <p>2. Plaintiff is charged with a knowledge of the amount which he was entitled to recover, and when the subject matter is within the jurisdiction of a justice court, and is placed beyond such jurisdiction by claiming more than is due, the defendant is entitled to costs, under subdivision 4, of Section 5191, Comp. Laws, when the judgment obtained is less than |50.</p> <p>3. A judgment will not be disturbed in this court because the trial court, over -the objection of plaintiff’s counsel, allowed counsel for defendant to make the opening and closing argument to the jury, when, from the record, it affirmatively appears that no injustice could have resulted therefrom.</p> <p>(Syllabus by the courc.</p>