Byrum v. Smith

BURCH, C.

On the 23d of January, 1926, this court rendered its decision in the case of War Finance Corporation v. Byrum, reported in 49 S. D. 208, 206 N.W. 1005. On March 6th a remittitur was sent to and filed with the clerk of courts of Aurora county-, directing the circuit court of said county to vacate the judgment against the garnishee (plaintiff in this proceeding)' and permit him to answer and defend in the garnishment proceed*187ings against him. On the 13th of March the attorneys for plaintiff presented to Hon. Frank B. Smith, one of the judges of the circuit court of Aurora county, a…