Legal Opinion

Hood v. Fay

South Dakota Supreme Court

Decided October 2, 1901PublishedCited by 5 opinions

Appeal from circuit court, Hughes county. Hqn. R. E. GaRRy, Judge- Action by Thomas G. Hood and others, doing business under the firm name of Hood, Foulkrod & Co., against Mrs. W. Fay, From ap order dissolving and vacating an attachment, plaintiffs appeal. It was error for the trial court to refuse the amendment asked by .appellants. § 4939 Comp.

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Appeal from circuit court, Hughes county. Hqn. R. E. GaRRy, Judge- Action by Thomas G. Hood and others, doing business under the firm name of Hood, Foulkrod & Co., against Mrs. W. Fay, From ap order dissolving and vacating an attachment, plaintiffs appeal. It was error for the trial court to refuse the amendment asked by .appellants. § 4939 Comp. Raws; Blake v. Sherman, 12 Minn. .420;, Schmigel v. Sherkman, 80 N. W. 871; Chappe v. Runkel Rowley & Co., 11 S. D. 333; Gangs v. Chapman,. 18 Ind. 189. It was error for the trial court to vacate the attachment, the defendant having failed to deny…

1Opinion of the CourtCorson, J.

This is an appeal by the plaintiffs from an order dissolving and vacating an attachment. On December 26, 1900, the plaintiffs commenced an action against the defendant by the service of a summons to récover the sum of $3,789 for goods, wares, and merchandise sold by the plaintiffs to the defendant. At the same time the plaintiffs filed an affidavit for an attachment, alleging as grounds for the same “that the defendant procured said goods to be sold and delivered to her by plaintiffs by reason of false and fraudulent representations made by her to plaintiffs, and that the debt was incurred…

2Cases cited5 opinions

  1. Gaines v. WhiteSouth Dakota Supreme Court · 1891
  2. Stone v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1892
  3. Benoit v. RevoirNorth Dakota Supreme Court · 1898
  4. Nebraska Land & Live Stock Co. v. BurrisSouth Dakota Supreme Court · 1898
  5. Pierie v. BergSouth Dakota Supreme Court · 1895

3Cited by5 opinions

  1. State v. PhillipsSouth Dakota Supreme Court · 1904
  2. Webb v. WegleyNorth Dakota Supreme Court · 1910
  3. Deere & Webber Co. v. HinckleySouth Dakota Supreme Court · 1906
  4. Crouch v. Dakota, W. & M. R. R.South Dakota Supreme Court · 1904
  5. Chambers v. Modern Woodmen of AmericaSouth Dakota Supreme Court · 1904

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