Legal Opinion

Brown v. Edmonds

South Dakota Supreme Court

Decided July 17, 1894PublishedCited by 5 opinions

Appeal from circuit court, Lawrence county. Hon. A. J. Plowman, Judge. Action by Louis Brown and others against J. Prank Edmonds and others. Judgment for plaintiffs. Prom an order requiring defendant Edmonds, after examination, to deliver certain property to the sheriff, he appeals. Respondents moved to dismiss the appeal, which motion is in this opinion denied. The facts are stated in the opinion.

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Appeal from circuit court, Lawrence county. Hon. A. J. Plowman, Judge. Action by Louis Brown and others against J. Prank Edmonds and others. Judgment for plaintiffs. Prom an order requiring defendant Edmonds, after examination, to deliver certain property to the sheriff, he appeals. Respondents moved to dismiss the appeal, which motion is in this opinion denied. The facts are stated in the opinion. An execution should be issued and returned unsatisfied by the officer after diligent search and inquiry before the judge has jurisdiction to act in proceedings supplementary to execution. Freeman…

1Opinion of the Court

Kellam J.

On the 18th day of November, 1893, the circuit judge of the eighth circuit, upon an affidavit apparently sufficient, made an order requiring appellant, as an execution defendant, to appear before him to answer on oath concerning *511his property. Upon and after such examination, to wit: January 27, 1894, an order was made requiring the appellant to deliver to the sheriff of the county certain property therein particularly mentioned. The appellant upon notice to respondents, made application to the court to vacate and set aside .this order. This application was on the 28d day of February,…

2Cases cited5 opinions

  1. Barnard v. . KobbeNew York Court of Appeals · 1874
  2. Black Hills Flume & Mining Co. v. Grand Island & W. C. R.South Dakota Supreme Court · 1892
  3. Ehlers v. StoeckleMichigan Supreme Court · 1877
  4. Hagerman v. Tong LeeNevada Supreme Court · 1877
  5. Rothschild v. BoelterSupreme Court of Minnesota · 1872

3Cited by5 opinions

  1. Brown v. EdmondsSouth Dakota Supreme Court · 1896
  2. In re H. L. Evans & Co.District Court, D. Delaware · 1907
  3. In re JonesDistrict Court, E.D. Wisconsin · 1899
  4. In Re Patterson's EstateSouth Dakota Supreme Court · 1943
  5. Muller v. Thompson Yards, Inc.South Dakota Supreme Court · 1925

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