McKinney v. Sundback
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Frank R. Aikens, Judge. Action of claim and delivery for property on which plaintiff has a chattel mortgage. Defendant answered, setting up a counterclaim. Plaintiff demurred to counterclaim. Demurrer overruled. Plaintiff appeals from order overruling the demurrer. The facts are fully stated in the opinion. . A counterclaim must state facts which constitute a cause of action. Bliss, Code PI. § 367; 1 Van Santvoord’s Eq.
Read the full summary
Appeal from circuit court, Minnehaha county. Hon. Frank R. Aikens, Judge. Action of claim and delivery for property on which plaintiff has a chattel mortgage. Defendant answered, setting up a counterclaim. Plaintiff demurred to counterclaim. Demurrer overruled. Plaintiff appeals from order overruling the demurrer. The facts are fully stated in the opinion. . A counterclaim must state facts which constitute a cause of action. Bliss, Code PI. § 367; 1 Van Santvoord’s Eq. Pr. 211; Vassear v. Livingston, 13 N. Y. 248; Allen v. Haskins, 5 Duer, 332; Kingston, v. Gay, 19 Barb. 461; Spencer v.…
1Opinion of the CourtBennett, J.
This is an action of claim and delivery brought to recover possession of certain personal property upon which the plaintiff claimed to have a chattel mortgage, which was given to secure a loan made by plaintiff to one E. M. McMillan. The defendant filed an answer alleging: (1) A general denial; (2) that he was sheriff, and as such held in his hands several writs of attachment against said E. M. McMillan, the mortgagor, and that he claimed to hold the property by virtue of said writs; (3) that the mortgage to plaintiff was given without consideration, and that the plaintiff had entered into a…
2Cases cited1 opinion
- Jones v. StateOhio Supreme Court · 1851
3Cited by3 opinions
- Zeman v. MikolasekNorth Dakota Supreme Court · 1947
- Ex parte BrownSouth Dakota Supreme Court · 1907
- Lewis v. Rutland Independent Consolidated School District No. 3South Dakota Supreme Court · 1932