Winton v. Knott
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. J qseph W. Jones, Judge. Application in habeas corpus. Applicant was ordered discharged, and from an order refusing to vacate the order of discharge defendant appeals. The facts are stated in the opinion. The form of an action is governed by the statements of the complaint. Miller v. Scherder, 2 N. Y. 261; Parce v. Halbert, 1 How. Pr. 285; Parker v. Spear, 62 Id. 394; Thompson Pror.
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Appeal from circuit court, Minnehaha county. Hon. J qseph W. Jones, Judge. Application in habeas corpus. Applicant was ordered discharged, and from an order refusing to vacate the order of discharge defendant appeals. The facts are stated in the opinion. The form of an action is governed by the statements of the complaint. Miller v. Scherder, 2 N. Y. 261; Parce v. Halbert, 1 How. Pr. 285; Parker v. Spear, 62 Id. 394; Thompson Pror. Rem. 137; Kloppenberg v. Neefus, 4 Bandf. 655; Philbrook v. Kellogg, 21 Hun. 238. Under section 5115 Comp. Laws a 'judgment debtor may be arrested, if the action…
1Opinion of the CourtKellam, J.
Appeal from an order' of the circuit court of Minnehaha county refusing to vacate a previous order of the judge of said court discharging respondent from custody on 7uu beas corpus. The facts are undisputed, and are these: The re^ spondent, as plaintiff, sued Sundback, in justice court, for a wrongful taking and conversion of personal property, and recovered judgment. Sundback appealed to the county court, where he prevailed, and obtained judgment against respondent, "Winton, for costs. Execution having been returned unsatisfied, the county court, upon a showing and motion, ordered execution…
2Cases cited3 opinions
- Parker v. SpearThe Superior Court of New York City · 1882
- Ryan v. ParrNew York Supreme Court · 1891
- Parce v. HalbertNew York Supreme Court · 1845
3Cited by8 opinions
- Ex Parte JohnsonCourt of Criminal Appeals of Oklahoma · 1908
- Ex Parte OwensCourt of Criminal Appeals of Oklahoma · 1927
- Carruth v. TaylorNorth Dakota Supreme Court · 1898
- Wisener, Sheriff v. BurrellSupreme Court of Oklahoma · 1911
- Wangsness v. McAlpineSouth Dakota Supreme Court · 1922
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