Davis v. Novotney
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge. Action by Joseph C. Davis, as trustee of the estate, etc., of Matous Novotny, a bankrupt, against Matous Novotny and others. From a judgment for defendant, Petts-Spencer-Smith Co., plaintiff, appeals. The complaint in this action was not open to the objection that several causes of action were improperly joined therein. 2 Estus’ Plead. 3115; Story’s Eq.
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Appeal from circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge. Action by Joseph C. Davis, as trustee of the estate, etc., of Matous Novotny, a bankrupt, against Matous Novotny and others. From a judgment for defendant, Petts-Spencer-Smith Co., plaintiff, appeals. The complaint in this action was not open to the objection that several causes of action were improperly joined therein. 2 Estus’ Plead. 3115; Story’s Eq. Plead. 271; Wall v. Cox, 101 Fed. 403; Railroad v. Schuyler, 17 N. Y. 604; Swift v. Larraber, 31 Conn. 225; Bliss Code Plead. 126; Boyd v. Hoyt, 5 Paige 65; Storrs v.…
1Opinion of the CourtFuller, P. J.
This appeal is from an order sustaining a demurrer to the complaint in an action by the trustee of a bankrupt estate to nullify certain attachments, liens, and judgments, and to recover, either the value of or the property seized and sold thereunder, by numerous creditors, within four months prior to the filing of a petition in bankruptcy. It is alleged in substance .that on the 17th day of August, 1898, Matous Novotny, then and long prior thereto an insolvent retail merchant, fraudulently, without consid*120eration, and to defeat the just claims of creditors, to whom he was indebted in the sum…
2Cases cited6 opinions
- Nichols v. . DrewNew York Court of Appeals · 1883
- A. Riggs & Bro. v. BellSupreme Court of Louisiana · 1887
- Atchison, Topeka & Santa Fé Railroad v. Board of CommissionersSupreme Court of Kansas · 1893
- Johnson v. KirbyCalifornia Supreme Court · 1884
- Alger v. ScovilleNew York Supreme Court · 1851
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3Cited by4 opinions
- Common School Dist. No. 45 v. InchSouth Dakota Supreme Court · 1930
- Mosteller v. HolbornSouth Dakota Supreme Court · 1906
- Everly v. Black Hills United Mining Co.South Dakota Supreme Court · 1934
- Simonson v. Farmers ExchangeSouth Dakota Supreme Court · 1939