Moreau River State Bank v. Japinga
South Dakota Supreme Court
Appeal from Circuit Court, Walworth County. Hon. Joseph H. Bottom, Judge. . . Garnishment proceeding's, by the Moreau. River State Bank, against A. M. Japinga, 'defendant, and A. H. Brown, garnishee. From a judgment in favor of garnishee, and -from: an order denying'a new trial, plaintiff .appeals.
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Appeal from Circuit Court, Walworth County. Hon. Joseph H. Bottom, Judge. . . Garnishment proceeding's, by the Moreau. River State Bank, against A. M. Japinga, 'defendant, and A. H. Brown, garnishee. From a judgment in favor of garnishee, and -from: an order denying'a new trial, plaintiff .appeals. (1) To point one of the opinion, Appellant cited: Laws 1909, Ch. 156, Secs. 17, 6, 8, 9; Lockett v. Beaver, (Tenn.) 37 S. W. 140; Davis v. King, (Tenn.) 56 S'. W. 1041; Hanover Fire Ins. Co. .v. Connor, 20 Ill. App. 308; Seymour v. Cooper, 25 Vt. 139, (2) Under point two 10'f the -opinion,…
1Opinion of the CourtWhiting, J.
Appeal -from a judgment in favor of a garnishee and from an order denying a new trial.
It is -the contention of appellant - .that respondent became indebted to the main defendant through the purchase from him'-of certain real estate, and that such indebtedness was reached,.by *406the garnishee process herein. The trial court found that the real estate deal was a cash transaction in which full payment was made upon receipt of deed. Appellant concedes that, if this were true, there never arose any liability of the grantee to- the grantor that could be reached by garnishee process.
[1] But .appellant…
2Cases cited4 opinions
- Briggs v. McEwenSupreme Court of Iowa · 1889
- National Park Bank v. Levy Bros. & Co.Supreme Court of Rhode Island · 1892
- National Revere Bank v. Bay State Shoe Fastening Co.Supreme Court of New Hampshire · 1892
- Larsen v. Allan Line Steamship Co.Washington Supreme Court · 1907
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