Garrigan v. Huntimer
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by Mary Garrigan against Joe Huntimer, Charles B. Huntimer, and F. J. Huntimer; Joe Kirby, intervenes. From an order granting an application to set off a judgment for costs in favor of plaintiff against a judgment for costs for defendants, the intervener appeals.
1Opinion of the CourtFuller, P. J.
On this appeal by an intervener having filed an attorney’s lien, the ultimate question is whether the trial court should be sustained in the pro tanto set-off of reciprocal judgments for costs entered in an action for damages by plaintiff, Mary Garrigan, against the defendant Joe Huntimer, as principal, and his codefendants, as sureties, on a retail liquor dealer’s bond given pursuant to statute in the sum of $2,000! The trial of the action on the merits resulted in a judgment entered on December 6, 1902, in favor of plaintiff and against the defendants Joe Huntimer, as principal, and Charles…
2Cases cited1 opinion
- Lindsay v. PettigrewSouth Dakota Supreme Court · 1896
3Cited by1 opinion
- Shima v. ShimaDistrict Court, District of Columbia · 1943