Jerome v. Rust

This cause is one before the court upon a rehearing; the former opinion of this court being found in 21 S. D. *410191, 110 N. W. 780. The complaint herein alleges the following-facts: The plaintiff Jerome obtained a judgment against one H. W. Rust in the county court of Minnehaha' county. After such judgment was obtained, Jerome assigned the same to the plaintiffs Muller and Conway as security for an indebtedness. After such assignment the said defendant Rust appealed said cause to this court, and upon such appeal gave the usual bond upon appeal, conditioned both for the payment of the…