Western Twine Co. v. Scott
South Dakota Supreme Court
Appeal from circuit'court, Minnehaha county. Hon. J. W. Jones, Judge! Action by the Western Twine Company against C. D. Scott and J. Leslie Thompson, co-partners, on certain promissory notes. There was a judgment for defendants, and plaintiff appeals. The facts are stated in the opinion.
1Opinion of the CourtHaney, J.
This is an action on promissory notes not due when it was commenced. The only allegations in the complaint intended to avoid the effect of bringing suit before maturity of the claims sued upon are as follows: 1 ‘That at the time of the commencement of this action the clerk of this court, upon an affidavit stating that the debt herein was incurred for property obtained under false pretenses, issued a writ of attachment directed to the sheriff of Minnehaha county, requiring him to attach and safely keep all the property of the defendants within said county; that under and by virtue of said writ…
2Cases cited2 opinions
- Wearne v. FranceWyoming Supreme Court · 1889
- Jordan v. FrankNorth Dakota Supreme Court · 1890
3Cited by1 opinion
- Birken v. HickeySouth Dakota Supreme Court · 1920