People's National Bank v. Boyles
South Dakota Supreme Court
Appeal from Circuit Court, Fall River County. Hon. Lijvi. McGkk, Judge. Action by the People’s National Bank against Pat Boyles and another, upon a promissory note; in which the Cable Transfer Company and another were summoned as garnishees. From a judgment dismissing the garnishee proceeding-, and from an order •denying a new trial, plaintiff appeals. Appellant cited: •Lindley v. Miller, 67 Ill. 244; Griffin, v. Maxwell, 23 Ill. Appeals, 405; Alder v. Yeoman, 29 Ill.
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Appeal from Circuit Court, Fall River County. Hon. Lijvi. McGkk, Judge. Action by the People’s National Bank against Pat Boyles and another, upon a promissory note; in which the Cable Transfer Company and another were summoned as garnishees. From a judgment dismissing the garnishee proceeding-, and from an order •denying a new trial, plaintiff appeals. Appellant cited: •Lindley v. Miller, 67 Ill. 244; Griffin, v. Maxwell, 23 Ill. Appeals, 405; Alder v. Yeoman, 29 Ill. Appeals, 53; Pirie v. Plarkness, 3 S. D. 178; Longley v. Daly, 1 S. D. 257; 12 Am. & Eng. Encyc. 198 and 223; Amer. & Enig.…
1Opinion of the CourtPolley, J.
This action is against respondent as defendant and two others named as garnishees. The merits of appellant’s claim against respondent are not involved on this appeal, and need not be noticed:
In response to the garnishee summons, the garnishees made return, admitting themselves to be indebted to respondents in a certain sum of.money which was afterward paid into' court. Pursuant to the provisions of Sec. 14 Gh. 156 Laws of 1909, respondent served and filed an answer to the return of the garnishees, the material part of which is as follows:
“That the note sued upon in the above entitled action…
2Cited by1 opinion
- Goodlad v. SmejkalSouth Dakota Supreme Court · 1922