Froelich v. Aylward
South Dakota Supreme Court
Appeal from circuit court, Beadle county. Hon. A. W. Campbell, Judge. Action by G. W. Froelich against Charles Aylward. From an order denying a motion to set aside a levy of execution, defendant appeals. The facts are stated in the opinion. The paper filed in the office of the clerk of the circuit court was wholly insufficient as a transcript of any j udgmeut. §§ 6123, 6124, 6110, Comp.
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Appeal from circuit court, Beadle county. Hon. A. W. Campbell, Judge. Action by G. W. Froelich against Charles Aylward. From an order denying a motion to set aside a levy of execution, defendant appeals. The facts are stated in the opinion. The paper filed in the office of the clerk of the circuit court was wholly insufficient as a transcript of any j udgmeut. §§ 6123, 6124, 6110, Comp. Laws; Bagley v. Wood, 27*Cal. 370; Barnes v. Holton, 14 Minn. 357; Mudge v. Yaples, 58 Mich. 307; McConnell w. Hitchkiss, 44 Conn. 51; 12 Am. & Eng. Enc. of Law, 504. The property levied upon was a homestead…
1Opinion of the CourtHaney, J.
On December 11, 1889, the respondent filed in the office of the clerk of the circuit court for Beadle county a paper as follows:
“Transcript of Judgment. Territory of Dakota, County of Beadle — ss.:' In Justice Court. Before C. B. Albright, Justice *637of the Peace. G. W, Froelich v. Charles Aylward. Transcript of Judgment. Judgment rendered for the plaintiff against the defendant on the sixteenth day of November, 1889, for the sum of §57,80, and for costs 81.50; in all 859.30. Fee for transcript to be added,- — one dollar.
“Territory of Dakota, County of Beadle — ss.: I certify that the above is a…
2Cases cited2 opinions
- Williams v. RiceSouth Dakota Supreme Court · 1894
- Dorsey v. HallSupreme Court Of The Territory Of Dakota · 1889
3Cited by2 opinions
- Cable v. Magpie Gold Mining Co.South Dakota Supreme Court · 1909
- McCarthy v. SpeedSouth Dakota Supreme Court · 1903