Turner Township v. Williams

Citations

• 17 S.D. 548
• 97 N.W. 842
• 1903 S.D. LEXIS 93

Syllabus

<p>1. Where defendant pleaded a previous judgment in har, and sought to introduce in evidence the judgment roll in such case, and plaintiff objected without stating any of the particulars on which the foundation for its introduction was considered defective, the fact that the various papers specified in the offer were sufficient to constitute a judgment roll, and are so denominated by counsel for plaintiff, destroys the effeet of their contention that it was incumbent on defendant to first show that such papers had been attached together and filed as required by Rev. Code Civ. Proc. I 319.</p> <p>2. Though a judgment of trespass was paid by a township, as officers of which the defendants had justified, and had claimed that the land en- • tered was a public highway, it was not conclusive against the township, in a subsequent suit against the judgment plaintiff to restrain him from obstructing the public highway, where it does not appear that the judgment defendants were sued in their official capacity, or that it was pleaded in that suit that the acts for which the judgment was given were performed on the highway.</p>