Finch v. Armstrong
South Dakota Supreme Court
Appeal from circuit court, Brookings county. Hon. J. O. Andrews, Judge. Action upon an account not yet due. From an order dissolving attachments, plaintiffs appeal. The facts are stated in the opinion. The supreme court of this state has held that what might be grounds for attachment on a debt due, would not be on a debt not due, and, presumably, the converse is true.
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Appeal from circuit court, Brookings county. Hon. J. O. Andrews, Judge. Action upon an account not yet due. From an order dissolving attachments, plaintiffs appeal. The facts are stated in the opinion. The supreme court of this state has held that what might be grounds for attachment on a debt due, would not be on a debt not due, and, presumably, the converse is true. Deering & Co. v. Warren, 1 S. D. 46. See, also, Foley-Wadsworth Co. v. Porteous, 8 S. D. 74, 65 N. W. 429; §§ 4993 and 5014, Comp. Laws. If, at the time the mortgage was given, there was an understanding between the parties that…
1Opinion of the CourtFuller, J.
Plaintiffs brought an action against the defendant upon an account for merchandise not yet due, and seized a large amount of property, both real and personal, under an attachment based upon an affidavit dated October 28, 1895, which recites “* * * that the said debt was incurred for property obtained under false pretenses, and that the defendant has sold, conveyed, and otherwise disposed of his property with the fraudulent intent to cheat and defraud his creditors, and to hinder and delay them in tho collection of their debts; that said defendant is about to make sale, conveyance, and…
2Cases cited3 opinions
- Wyman v. WilmarthSouth Dakota Supreme Court · 1890
- William Deering & Co. v. WarrenSouth Dakota Supreme Court · 1890
- Foley-Wadsworth Implement Co. v. PorteousSouth Dakota Supreme Court · 1895
3Cited by9 opinions
- Birken v. HickeySouth Dakota Supreme Court · 1920
- County of Sargent v. SweetmanNorth Dakota Supreme Court · 1915
- Park v. ArmstrongSouth Dakota Supreme Court · 1896
- Germam Bank v. FoldsSouth Dakota Supreme Court · 1896
- Ask v. ArmstrongSouth Dakota Supreme Court · 1896
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