Yankton Sav. Bank v. Gutterson
South Dakota Supreme Court
Appeal from circuit court, Yankton county. Hon. E. G. Smith, Judge. Action by the Yankton Savings Bank and William Hickey, as sheriff of Yankton county, against A. W. Petterson, in which plaintiffs recovered judgment. Afterwards defendant died, and G. Gutterson, his administrator, was substituted by order of the court. Order dissolving an attachment obtained against Petterson’s property, and plaintiffs appeal.
Read the full summary
Appeal from circuit court, Yankton county. Hon. E. G. Smith, Judge. Action by the Yankton Savings Bank and William Hickey, as sheriff of Yankton county, against A. W. Petterson, in which plaintiffs recovered judgment. Afterwards defendant died, and G. Gutterson, his administrator, was substituted by order of the court. Order dissolving an attachment obtained against Petterson’s property, and plaintiffs appeal. The death of a defendant in an attachment action either before or after the entry of judgment does not of itself dissolve the attachment. §.§ 5803, 4446, 5000, 5001, 5006 Comp. Laws,…
1Opinion of the CourtCorson, J.
This is an appeal from an order vacating and dissolving an attachment. I11 November, 1899, the appellant, the Yankton Savings Bank, commenced an action on contract for the recovery of money against A. W. Petterson, and a judgment was ordered therein against him on the 22nd of December. At the time of the issuing and serving of the summons, such proceedings were had that a warrant of attachment was issued against the property of the said Petterson, and his personal property, to the amount of $800 or more, was seized under the same and taken into his possession by the sheriff of Yankton county.…
2Cases cited1 opinion
- Myers v. MottCalifornia Supreme Court · 1866
3Cited by10 opinions
- Koy v. SchneiderTexas Supreme Court · 1920
- State ex rel. McCue v. BlaisdellNorth Dakota Supreme Court · 1909
- Davis v. ClaxtonMontana Supreme Court · 1928
- Ray v. ElsonSupreme Court of Oklahoma · 1942
- Foreman Brothers Banking Co. v. HandyMichigan Supreme Court · 1925
5 more not listed; retrieve them via the Exa API.