Sigler v. St. Paul Fire & Marine Insurance Co.

I would reverse the order granting summary judgment on the ground that the fact situation here is sufficiently analogous to the facts in Bruins v. Anderson, 73 S.D. 620, 47 N.W.2d 493 (1951), and Murphy v. Hopkins, 68 S.D. 494, 4 N.W.2d 801 (1942), to permit the use of the garnishment procedure. I do not agree that in the past this Court has strictly construed our garnishment statutes. In Schuler v. Johnson, 63 S.D. 542, 261 N.W. 905 (1935), and Woodbine Sav. Bank v. Yager, 58 S.D. 542, 237 N.W. 761 (1931), the Court was concerned about the fact that the liability of the garnishee-defendant…