Drake Marble & Tile Co. v. Bjoraas
South Dakota Supreme Court
Appeal firom. Municipal Court, Sioux Falls. Hon. Alpha M. Ore, Judge. Action by the Drake Marble & Tile Company, against Albert Bjoraas, wherein the Chapter of Calvary Cathedral of Sioux Falls was garnishee. From an order sustaining motion to release property as exempt, plaintiff appeals. (1) To point one of the opinion, Appellant cited: Mahon v. Fansett et al., (N. D.) 115 N. W. 79. Respondent cited: Laws 1913, Chap. 228; Code Civ.
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Appeal firom. Municipal Court, Sioux Falls. Hon. Alpha M. Ore, Judge. Action by the Drake Marble & Tile Company, against Albert Bjoraas, wherein the Chapter of Calvary Cathedral of Sioux Falls was garnishee. From an order sustaining motion to release property as exempt, plaintiff appeals. (1) To point one of the opinion, Appellant cited: Mahon v. Fansett et al., (N. D.) 115 N. W. 79. Respondent cited: Laws 1913, Chap. 228; Code Civ. Proc., Sec. 355. . (2) To point,two* of the opinion, Appellant cited: Millerke v. Reilly, 31 S. D. 347-349; Paddock v. Balgord, 2 'S. D. 100; Wagner v. Olson, (N.…
1Opinion of the CourtSmith, J.
Action by plaintiff, Drake Marble & Tile Company, against the defendant, Bjoraas, tor building- material sold and delivered to him. Chapter of Calvary 'Cathedral, Incorporated, 'being indebted to defendant, was garnisheed. Summons and' complaint were personally served on Bjoraas October 22, 1915. Garnishment process was served the same clay. Bjoraas made default in the action, but on October 25th served notice and claim of exemption's. No question arises as to the regularity of the garnishment proceeding’s. The question sought to be reviewed is the sufficiency of the affidavit and Claim of…
2Cases cited3 opinions
- Paddock v. BalgordSouth Dakota Supreme Court · 1891
- Mahon v. FansettNorth Dakota Supreme Court · 1907
- Wagner v. OlsonNorth Dakota Supreme Court · 1893
3Cited by3 opinions
- Shriver-Johnson Co. v. HargravesSouth Dakota Supreme Court · 1929
- Jangula v. BobbNorth Dakota Supreme Court · 1927
- Shriver-Johnson Co. v. HargravesSouth Dakota Supreme Court · 1928