Noziska v. Aten
South Dakota Supreme Court
Appeal from Circuit Court, Tripp County. Hon. William Williamson, Judge. Action by John C. Noziska and others, against A. K. Aten, Jr., to recover a money judgment. From an order vacating and discharging the attachment, plaintiff appeals. (2) To point two of the opinion, Appellant cited: Comp. Laws, Sec. 4996; Brown v. Tidrick, (S. D.) ,.85 N. W. 185, 186; Bedard v. Mahoney, 136 Am.
Read the full summary
Appeal from Circuit Court, Tripp County. Hon. William Williamson, Judge. Action by John C. Noziska and others, against A. K. Aten, Jr., to recover a money judgment. From an order vacating and discharging the attachment, plaintiff appeals. (2) To point two of the opinion, Appellant cited: Comp. Laws, Sec. 4996; Brown v. Tidrick, (S. D.) ,.85 N. W. 185, 186; Bedard v. Mahoney, 136 Am. St. Rep. 965; Hackett v. Carnell, 106 Pa. 291; Cristal v. Kelly, 88 N- Y. 285; Slosson v. Furgeson, 18 N. W. 281 : Respondent cited: Holway v. Am. Fch. Natl. Bank, 89 N. W. 382, 384; Flail v. L. & N. R. R. Co.,…
1Opinion of the CourtPodeey, J.
Upon the filing of a proper undertaking and affidavit by one of the plaintiffs, from which, it appeared that defendant was a nonresident of this state, and that plaintiffs had a cause of action against defendant for a definite sum of money, a warrant of attachment regular in form was issued and a levy made upon certain property of the defendant. A tidal of the cause resulted in a verdict and judgment in favor of plaintiff. From this judgment defendant appealed to this court, and the case is reported in 152 N. W. 694. Thereafter, upon defendant’s motion, the court vacated and discharged the…
2Cases cited3 opinions
- Bremer & Co. v. Fleckenstein & MayerOregon Supreme Court · 1881
- Noziska v. AtenSouth Dakota Supreme Court · 1915
- Holway v. American Exchange National BankNebraska Supreme Court · 1902