Coats v. Arthur
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Frank R. Aikens, Judge. Action to recover damages for breach of contract. The defendant was a non-resident, and on that ground plaintiff sued out an attachment. Defendant moved to dissolve the attachment on the ground that the cause of action as disclosed by the affidavit for an attachment was not one upon contract for the recovery of money only. The motion was denied and defendant appeals.
Read the full summary
Appeal from circuit court, Minnehaha county. Hon. Frank R. Aikens, Judge. Action to recover damages for breach of contract. The defendant was a non-resident, and on that ground plaintiff sued out an attachment. Defendant moved to dissolve the attachment on the ground that the cause of action as disclosed by the affidavit for an attachment was not one upon contract for the recovery of money only. The motion was denied and defendant appeals. The facts are stated in the opinion. Cited the following authorities: Comp. Laws, Sec. 4995; Tuthill v. Smith, 14 Howard Practice 402; Henson v. Decker, 29…
1Opinion of the CourtCorson, P. J.
The plaintiff brought an action against the defendant to recover damages for breach of contract. The defendant being a non resident, the plaintiff sued out an attachment. The affidavit for the attachment (ommitting the formal parts) is as follows: “That a cause of action exists against the defendant and in favor of the plaintiff herein, and the amount of said plaintiff’s claim therein is nine hundred and sixty-eight dollars, and the ground thereof is as follows: That is to say, that on or about May 9, 1891, at Chicago, Illinois, the defendant, for a valuable consideration, sold, and conveyed…
2Cases cited11 opinions
- Haebler v. . BernharthNew York Court of Appeals · 1889
- Dunn v. MackeyCalifornia Supreme Court · 1889
- Fisher v. ConsequaU.S. Circuit Court for the District of Pennsylvania · 1809
- New Haven Steam Saw-Mill Co. v. FowlerSupreme Court of Connecticut · 1859
- Donnelly v. StruevenCalifornia Supreme Court · 1883
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Ford Motor Co. v. StateNorth Dakota Supreme Court · 1930
- United States Ex Rel. Marcus v. HessCourt of Appeals for the Third Circuit · 1942
- Jewell v. NuhnSupreme Court of Iowa · 1915
- Narregang v. Muscatine Mortgage & Trust Co.South Dakota Supreme Court · 1895
- Hector v. McCormickNorth Dakota Supreme Court · 1933
3 more not listed; retrieve them via the Exa API.