Legal Opinion

Hormann v. Sherin

South Dakota Supreme Court

Decided November 19, 1895PublishedCited by 3 opinions

Appeal from circuit court, Marshall county. Hon. A. W. Campbell, Judge. Application for a writ of habeas corpus. From a refusal to discharge, applicant appeals. The facts are stated in the opinion. The contracting of a debt in a fiduciary capacity is not such a cause of action, as in case of judgment thereon, will warrant an execution against the body, unless there has been an order of arrest served. Wood v. Henry, 40 N. Y. 124; Sherman y.

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Appeal from circuit court, Marshall county. Hon. A. W. Campbell, Judge. Application for a writ of habeas corpus. From a refusal to discharge, applicant appeals. The facts are stated in the opinion. The contracting of a debt in a fiduciary capacity is not such a cause of action, as in case of judgment thereon, will warrant an execution against the body, unless there has been an order of arrest served. Wood v. Henry, 40 N. Y. 124; Sherman y. Strauss, 52 Id. 404; Prouty v. Swift, 51 Id. 594; Elwood v. Gardner, 45 Id. 349.

1Opinion of the CourtKellam, J.

While this appeal is entitled as in the original action to which it was supplementary, the matter now before the court is an appeal from an order of the circuit court of Marshall county, refusing to discharge appellant, on habeas corpus, from arrest under an execution against his person. Uppp the lie&iiRg oí the writ there were before the court the *37judgment roll, including, besides the general verdict, what is termed in the abstract a ‘special verdict. ” The complaint alleged several distinct causes of action, the second of which was in effect for money had and received. Appellant contends…

2Cases cited4 opinions

  1. Richtmeyer v. . RemsenNew York Court of Appeals · 1868
  2. Winton v. KnottSouth Dakota Supreme Court · 1895
  3. Wesson v. . ChamberlainNew York Court of Appeals · 1850
  4. Lockwood v. Van SlykeNew York Supreme Court · 1859

3Cited by3 opinions

  1. Griffith v. HubbardSouth Dakota Supreme Court · 1896
  2. Rice v. HoferSouth Dakota Supreme Court · 1949
  3. Barnhart v. AndersonSouth Dakota Supreme Court · 1908

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