11 S.D. 353 | S.D. | 1898
In our former decision 10 S. D. 516, 74 N.
W. 447 this case, now before us on rehearing, was reversed for the sole reason that the trial court erroneously held on demurrer that several causes of action were improperly united in appellant’s second amended complaint. After a jury was sworn to try the cause, appellant asked and obtained leave of court to add to his first cause of action — the object of which was to restrain a sale of his premises to satisfy a special sidewalk assessment — a paragraph relating to damages occasioned in the year 1896 by changing the surface of the ground for the purposes of such sidewalk on the west side of his property to conform to grade. Thus amended, the complaint stated three properly