Miller v. Durst

Citations

• 14 S.D. 587
• 86 N.W. 631
• 1901 S.D. LEXIS 60

Syllabus

<p>1. A complaint alleging that plaintiff worked for defendant for certain years, for which defendant agreed to pay at the rate of $20 per month, and that there is a certain balance due, is good as against an objection to the introduction of evidence on the ground that the complaint does not state a cause of action.</p> <p>2. Evidence of a justice of the peace as to-a judgment rendered by him is inadmissible as not being the best evidence to prove the judgment when his docket is not shown to be lost or destroyed.</p> <p>3. Where plaintiff introduces a justice of the peace to show a prior adjudication of a claim pleaded by the defendant as a counterclaim, and the justice testifies to the filing of the claim as a counterclaim in a former suit before him, it is error to refuse to allow him to state on cross-examination whether he considered the counterclaim in determining the cause.</p>