1 S.D. 558 | S.D. | 1891
The plaintiff in his complaint states his cause of action as follows: (1) That, at the times hereinafter mentioned, the defendants above named were co-partners, doing business at Custer City, Dak. T., under the firm name and
As to the first question. It was conceded upon the argument before this court that the defects of the pleadings which relate to the insufficiency of the complaint to state a cause of action, may be raised at any time, whether in the court of original jurisdiction, or the appellate court. Therefore it is unnecessary to further consider that proposition.
As to the second question. From the allegations of the complaint we find that the respondent was the sheriff of Custer county, and that the appellants caused a warrant of attachment to be sued out of the district court of that county, which warrant was placed in the hands of respondent for service, and that he levied on and took possession of a certain quartz-mill, and all its appurtenances and machinery. After the levy, at the instance and request of appellants’ attorney, the respondent employed one Harry West to take charge of and look after the property so levied upon, agreeing to pay said West §50 per month for the time employed, which services amounted to the aggregated sum of §253.98, and that said sum has not been paid, but is still due and owing from appellant to respondent. Do these allegations of fact state a cause of action in favor of