Bond v. Charleen
Supreme Court Of The Territory Of Dakota
Appeal from Olay County District Cowrt. A judgment having been rendered in the court below against the plaintiff, and in favor of defendants, for costs, execution was issued thereon and certain real estate belonging to plaintiff levied on and sold. Subsequent to the sale, and before any motion for confirmation was entered, plaintiff moved the court to set aside the sheriff’s sale for various irregularities assigned.
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Appeal from Olay County District Cowrt. A judgment having been rendered in the court below against the plaintiff, and in favor of defendants, for costs, execution was issued thereon and certain real estate belonging to plaintiff levied on and sold. Subsequent to the sale, and before any motion for confirmation was entered, plaintiff moved the court to set aside the sheriff’s sale for various irregularities assigned. This motion was overruled by the court, and plaintiff appeals.
1Opinion of the CourtSiiaNNON, C. J.
The Code of Civil Procedure, section 10, subdivision 3, provides for an appeal from a final order, affecting a substantial right, upon a summary application in an action after judgment; and it evidently contemplates a proceeding founded on the judgment, and assuming its validity. By another statute, approved January 10, 1873, chap. 2, (headed “Amendments and Repeals ”) section 7, subdivision 4, the final order, as to the legality and fairness of the return of the sheriff on, any writ of execution, is precedent to the further essential order that the officer make to the purchaser a deed of the…
2Cases cited3 opinions
- Treptow v. BuseSupreme Court of Kansas · 1872
- Kingsland v. BartlettNew York Supreme Court · 1858
- Wheatley v. TerrySupreme Court of Kansas · 1870