McClurg v. State Bindery Co.
South Dakota Supreme Court
Appeal from circuit court, Hughes County. Hon. H. G. Fuller, Judge. Action against the State Bindery Company on an account. During the pendency of the action and after issue joined defendant made an assignment for the benefit of creditors to Boyal F. King, the appellant. The assignee as such applied to intervene, — which application was denied. From the order denying the application the assignee appeals.
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Appeal from circuit court, Hughes County. Hon. H. G. Fuller, Judge. Action against the State Bindery Company on an account. During the pendency of the action and after issue joined defendant made an assignment for the benefit of creditors to Boyal F. King, the appellant. The assignee as such applied to intervene, — which application was denied. From the order denying the application the assignee appeals. Any person having an interest in the matter in litigation may intervene at any time before trial. Sections 4802, 4887, Comp. Laws; Herman v. Barnhydt, 20 Neb. 625; 30 Cent. Law J. 26. An…
1Opinion of the CourtKellam, J.
In September, 1890, the respondents brought an action against the defendant the State Bindery Company, a corporation under the laws of the state, upon an alleged indebtedness on account. The defendant company answered, and, while the case was at issue and pending, the defendant company made a general assignment for the benefit of its creditors to the appellant, King. As such assignee he applied to the circuit court, in which such action against his assignor was pending, for leave to intervene for the purpose of defending against such action. Such petition was denied, and he appeals. There are…
2Cases cited7 opinions
- Horn v. Volcano Water Co.California Supreme Court · 1859
- Lewis v. HarwoodSupreme Court of Minnesota · 1881
- Gale v. FrazierSupreme Court Of The Territory Of Dakota · 1886
- Harlan v. Eureka Mining Co.Nevada Supreme Court · 1875
- Yetzer v. YoungSouth Dakota Supreme Court · 1892
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3Cited by7 opinions
- Faricy v. St. Paul Investment & Savings SocietySupreme Court of Minnesota · 1910
- McClellan v. StateSouth Dakota Supreme Court · 1911
- Bray v. BookerNorth Dakota Supreme Court · 1897
- Jackson v. BOARD OF COUNTY COMMISSIONERS, ETC.South Dakota Supreme Court · 1957
- State ex rel. Williams v. Superior CourtWashington Supreme Court · 1916
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