Parkinson v. Shew

Citations

• 12 S.D. 171
• 80 N.W. 189
• 1899 S.D. LEXIS 99

Syllabus

<p>Where, in an action on an injunction bond given to restrain plaintiff irom marketing grain raised by him on defendant’s land, defendant interposed a counterclaim for- plaintiff’s prior wrongful use and occupation of the premises, and plaintiff demurred on the ground that the relation of landlord and tenant did not exist, defendant is entitled to recover for use and occupation, under Comp. Laws, § 4601, authorizing the owner of premises wrongfully occupied to recover for such occupation, though the counterclaim showed no agreement by plaintiff to pay rent.</p>