Miller v. Lewis

Citations

• 17 S.D. 448
• 97 N.W. 364
• 1903 S.D. LEXIS 75

Syllabus

<p>1. Though defendant’s objection on appeal by plaintiff from a justice that the circuit court had no jurisdiction, because of the insufficient bond, was 'well taken, lyet, he’[having interposed a counterclaim, and there having been a trial on all the issues, he cannot afterwards question the jurisdiction.</p> <p>2. Under plaintiff’s contract to take defendant’s cattle to run on his range till November 15th at $1 per head for all he turns back — he, if any of the cattle are killed by wolves, to turn back their ears — he is entitled to $1 for each animal he turns back, though some are missing and he cannot find them.</p>