Ask v. Armstrong
South Dakota Supreme Court
Appeal from circuit court, Brookings county. Hon. J. O. Andrews, Judge. Action by James W. Ask against John Armstrong. Plaintiff appeals from an order discharging an attachment. The facts are stated in the opinion. The amendment was proper and allowable. Comp. Laws, §§ 4938 and 4939; Brookmire v. Rosa, 51 N.'W. 840; Banking Co. v. Wright, 55 N. W. 1060; Moline M. & S. Co. v. Curtis, 57 N. W. 161. The original affidavit was sufficient and unobjectionable.
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Appeal from circuit court, Brookings county. Hon. J. O. Andrews, Judge. Action by James W. Ask against John Armstrong. Plaintiff appeals from an order discharging an attachment. The facts are stated in the opinion. The amendment was proper and allowable. Comp. Laws, §§ 4938 and 4939; Brookmire v. Rosa, 51 N.'W. 840; Banking Co. v. Wright, 55 N. W. 1060; Moline M. & S. Co. v. Curtis, 57 N. W. 161. The original affidavit was sufficient and unobjectionable. Hart v. Barnes, 40 N. W. 322; Gans v. Beasley (N. D.) 59 N. W. 714.
1Opinion of the CourtHaney, J.
This is an appeal from an order discharging an attachment. On the hearing of defendant’s motion to dis*266charge, plaintiff was allowed to file the following amended affidavit: “James W. Ask came before me personally, and being first duly sworn, says: That he is the James W. Ask who is the plaintiff in the above entitled action, which is brought for the recovery of money only, arising upon contract, and a summons has been issued therein. That a cause of action exists against said defendant and in favor of said plaintiff therein, and the amount of said plaintiff’s claim therein is (over and above…
2Cases cited2 opinions
- Gans v. BeasleyNorth Dakota Supreme Court · 1894
- Finch v. ArmstrongSouth Dakota Supreme Court · 1896