Louder v. Hunter
South Dakota Supreme Court
Appeal from Circuit Court, Jerauld County. Hon. Alva E. TayloR, Judge. Action by A. N. Louder against E. E. Hunter and others, to recover on a supersedeas appeal bond. Erom a judgment for plaintiff, defendants appeal. The bond should be interpreted as if it read that Hunter would pay Louder the amount of his Miles judgment directed to be paid by the decree appealed from.
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Appeal from Circuit Court, Jerauld County. Hon. Alva E. TayloR, Judge. Action by A. N. Louder against E. E. Hunter and others, to recover on a supersedeas appeal bond. Erom a judgment for plaintiff, defendants appeal. The bond should be interpreted as if it read that Hunter would pay Louder the amount of his Miles judgment directed to be paid by the decree appealed from. Hence to establish liability in this case it must appear, first, that the decree appealed from was affirmed within the meaning of the bond, and, second, that after the Supreme Court had rendered its judgment there was yet…
1Opinion of the CourtMcCOY, J.
Suit was brought to recover upon a supersedeas appeal bond. Findings and judgment were in favor of plaintiff, and defendants appeal.
It appears from the record that plaintiff, Louder, recovered a judgment in the circuit court of Jerauld county against one Miles for the sum of $1,546.49, and that execution was issued upon said judgment against Miles and returned unsatisfied. Thereafter an action was commenced by Louder against the defendant Hunter claiming that said Miles had fraudulently conveyed and transferred certain real property, consisting of some 76' town lots situated in Wessington…
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3Cited by1 opinion
- Louder v. HunterSouth Dakota Supreme Court · 1917