Hyde v. Gearhart
South Dakota Supreme Court
Appeal from Circuit Court, Hughes 'County. Hon. John F. Hughes, Judge. Action by Charles E. Hyde against Napoleon B. Gearhart and others, for the purpose of off-setting alleged mutual judgments in favor of plaintiff against a judgment rendered in favor of defendant N. B. Gearhart against the present plaintiff. From a judgment for defendants, and from an order denying a new trial, plaintiff appeals.
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Appeal from Circuit Court, Hughes 'County. Hon. John F. Hughes, Judge. Action by Charles E. Hyde against Napoleon B. Gearhart and others, for the purpose of off-setting alleged mutual judgments in favor of plaintiff against a judgment rendered in favor of defendant N. B. Gearhart against the present plaintiff. From a judgment for defendants, and from an order denying a new trial, plaintiff appeals. (1). To point one' of the opinion, Respondents cited: Churchill & Alden Go. v. Ramsey (S. D-.,-) 172 N. W. 779; Ames v. Bates, 119 Mass. 397. (2) To point two, Appellant cited: Sec. 2307, 'Code…
1ConcurrenceSmith, J.
(concurring.) Appellant in his brief concedes that—
“Jhis case must necessarily turn .upon the faith which will be given by the Supreme Court to the two pretended assignments of the two judgments.”
And his contention is “that each of them is absolutely void and of no legal effect.”
It is perfectly clear that the assignments are in legal form and properly executed.
Appellant’s real contention is that the assignments were colorable and fraudulent, and made with intent to defeat the enforcement of appellant’s judgments. The issue of fact thus joined was primarily for. the trial court. There is no…
2Cases cited4 opinions
- Russel v. ConwayCalifornia Supreme Court · 1858
- Hurst v. SheetsSupreme Court of Iowa · 1862
- Ledyard v. PhillipsMichigan Supreme Court · 1885
- Wyvell v. BarwiseSupreme Court of Minnesota · 1890