Bank of Iowa & Dakota v. Price
South Dakota Supreme Court
Appeal from circuit court, Sanborn county. Hon. F. B. Smith, Judge. Action by the Bank of Iowa & Dakota against M. M. Price and John Oliver to foreclose a chattel mortgage. From an order overruling a demurrer of defendant Price to a pleading of defendant Oliver, Price appeals.,< The facts are stated in the opinion. The so-called cross bill is insufficient.
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Appeal from circuit court, Sanborn county. Hon. F. B. Smith, Judge. Action by the Bank of Iowa & Dakota against M. M. Price and John Oliver to foreclose a chattel mortgage. From an order overruling a demurrer of defendant Price to a pleading of defendant Oliver, Price appeals.,< The facts are stated in the opinion. The so-called cross bill is insufficient. Glenn v. Clark, 53 Md. 580; Newberry v. Blatchford, 106 111. 586; 5 Encyc. of PL & Pr. 640 et seq; Sebring v. Conkling, 32 N. J. Eq. 24.
1Opinion of the CourtFuller, J.
Plaintiffs, as the assignees of three promissory notes of even date, aggregating, exclusive of interest, $725, brought this action to foreclose a chattel mortgage executed by the defendant Price on a band of sheep to secure said notes and three others of the same series and date, owned, as alleged in the complaint, by the defendant Oliver, and amounting to $2,325, exclusive of accrued interest. To what is denominated the “amended and substituted answer, counterclaim, and cross bill” of the defendant Oliver, his codefendant, Price, in*583terposed a demurrer as follows: “That the court has no…
2Cases cited2 opinions
- Fletcher v. HolmesIndiana Supreme Court · 1865
- Rickey v. TenbroeckSupreme Court of Missouri · 1876
3Cited by3 opinions
- Pitts v. OliverSouth Dakota Supreme Court · 1900
- Western Dakota Land & Horse Co. v. WoodsSouth Dakota Supreme Court · 1912
- Wright v. McKenzieSouth Dakota Supreme Court · 1929