Smith v. Gale

Citations

• 13 S.D. 162
• 82 N.W. 385
• 1900 S.D. LEXIS 98

Syllabus

<p>1. Under Comp. Laws, £ 0188, providing- that on an appeal from the justice’s court an undertaking must he filed, with two or more sureties, an undertaking- with only one surety is insufficient.</p> <p>2. In an action on an undertaking on appeal from a justice which is insufficient as a statutory undertaking, the complaint should affirmatively set out the special facts constituting- the agreement on which the undertaking was given, and also allege its delivery, that the court may see whether the instrument, though iuvalid as a statutory undertaking, contains an agreement which may he enforced at common law.</p>