Thompson & Sons Manuf'g Co. v. Guenthner
South Dakota Supreme Court
Appeal from _ circuit court, Minnehaha county. Hon. Frank R. Aikens, Judge. Supplementary proceedings by the J. Thompson & Sons Manufacturing Company for the examination of Christopher Guenthner and Frederick Haar, partners as Guenthner & Haar, as to an alleged indebtedness to Reede Bros. From an order refusing to set aside an order requiring said Guenthner & Haar to pay over a certain amount to _ said manufacturing company, they appeal. The facts are stated in the opinion.
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Appeal from _ circuit court, Minnehaha county. Hon. Frank R. Aikens, Judge. Supplementary proceedings by the J. Thompson & Sons Manufacturing Company for the examination of Christopher Guenthner and Frederick Haar, partners as Guenthner & Haar, as to an alleged indebtedness to Reede Bros. From an order refusing to set aside an order requiring said Guenthner & Haar to pay over a certain amount to _ said manufacturing company, they appeal. The facts are stated in the opinion. The judge, and not the court, has the authority to entertain, continue and conduct proceedings supplementary to…
1Opinion of the CourtKellam, J.
On the 21st day of April, 1893, upon an affidavit, the sufficiency of which is not questioned, an order was made by the circuit court of Minnehaha county, for the examination, in proceedings supplementary to execution, of the respondents, Guenthner & Haar, upon allegations of their indebtedness to J. & H. Reede, defendants in execution. Upon such examination in open court, in which both parties, by their attorneys, were present and participated; the court made and filed findings of fact, upon which it made and entered an order requiring the said Guenthner & Haar to pay over to respondents the…
2Cases cited8 opinions
- West Side Bank v. . PugsleyNew York Court of Appeals · 1872
- Vert v. VertSouth Dakota Supreme Court · 1893
- Parker v. PageCalifornia Supreme Court · 1869
- Hagerman v. Tong LeeNevada Supreme Court · 1877
- Crounse v. WhippleNew York Supreme Court · 1865
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3Cited by2 opinions
- Johnson v. LundeenMontana Supreme Court · 1921
- Feldmeyer v. EngelhartSouth Dakota Supreme Court · 1928