11 S.D. 391 | S.D. | 1899
A demurrer to the complaint herein having been overruled, defendant answered denying each and every allegation contained therein; and the action was, by consent, referred, to have the issues of fact determined. The report of the referee and exceptions of the defendant now demand attention. In ruling upon the demurrer, this court held “that plaintiff can recover for such items of costs and expenses as were actually,, legally and necessarily incurred in the prosecution mentioned in the complaint, and for which its warrants have been issued. ” Lyman Co. v. State, 9 S. D. 413, 69 N. W. 601. Notwithstanding the strenuous contention of the learned attorney general, we are constrained to adhere to the conclusion there announced. The distinction between appropriation laws passed before, and those passed after, the taking effect of the constitution, is so clearly stated by this court in Cutting