Pech Manuf'g Co. v. Groves
South Dakota Supreme Court
Appeal from circuit court,' Codington county. Hon. J. O. Andrews, Judge. Action to recover upon certain promissory notes. Upon the ground that defendant was a nonresident of this state an attachment was issued. Prom an order denying a motion to discharge the attachment defendant appeals. The facts are stated in the opinion. Statutes relating to attachment proceedings should be strictly construed.
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Appeal from circuit court,' Codington county. Hon. J. O. Andrews, Judge. Action to recover upon certain promissory notes. Upon the ground that defendant was a nonresident of this state an attachment was issued. Prom an order denying a motion to discharge the attachment defendant appeals. The facts are stated in the opinion. Statutes relating to attachment proceedings should be strictly construed. William Deering & Co. v. Warren, 44 N. W. 1068; Wylie v. Altman, 11 N. Y. 33; ’Wando Phosphate Co. v. Rosenburg, 17 S. E. 969. Non-residence such as to make a person’s property liable to attachment…
1Opinion of the Court
Fuller, J'.
On the 19th day of May, 1893, in a suit on two promissory notes executed by defendant to plaintiff, and secured by a chattel mortgage, and upon the ground that the defendant was not a resident of this state, plaintiff caused an attachment to be levied upon a certain tract of land belonging to the defendant, and also upon two horses and a set of double harness; the same being a part of the personal property described in the mortgage, and which were afterwards, by legal' process, taken from the possession of the attaching officer by a third party, to whom such property had been…
2Cases cited11 opinions
- Frost & Dickinson v. BrisbinNew York Supreme Court · 1837
- Haggart v. . MorganNew York Court of Appeals · 1851
- Hanson v. GrahamCalifornia Supreme Court · 1890
- Morgan v. NunesMississippi Supreme Court · 1877
- Wright v. LeeSouth Dakota Supreme Court · 1892
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- Webb v. WheelerNebraska Supreme Court · 1907