State ex rel. Bank of Herrick v. Circuit Court of Gregory County
South Dakota Supreme Court
Original mandamus proceeding by the State, on relation of ■the Bank of BPerrick, against the Circuit Court of Gregory County. • On demurrer to the order requiring defendant to show cause why a peremptory writ of mandamus should not issue out of 'the Supreme Court, compelling respondent to issue an order for publication oE summons.
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Original mandamus proceeding by the State, on relation of ■the Bank of BPerrick, against the Circuit Court of Gregory County. • On demurrer to the order requiring defendant to show cause why a peremptory writ of mandamus should not issue out of 'the Supreme Court, compelling respondent to issue an order for publication oE summons. That the defendant has property in 'the state is conceded, and, as is shown by the affidavit for an order for publication, the garnishee defendant, by its answer has admitted that it has $15° dr Ns possession belonging to defendant. There is no other provision in…
1Opinion of the CourtWhiting, P. J.
This court issued an order to show cause requiring- respondent to show cause, if any there be, why a peremptory mandamus should not issue out of this court compelling respondent to issue an order for publication of summons in a certain cause pending before such court wherein relator is plaintiff and one Anson Wagar is defendant. ' Respondent has appeared in response to said order and demurs thereto, alleging, as grounds for demurrer, that the affidavit upon which relator’s application *577was based does not state facts sufficient to entitle relator to any relief.
[1] Such demurrer confesses that…
2Cases cited15 opinions
- Williams v. . IngersollNew York Court of Appeals · 1882
- Guillander v. . HowellNew York Court of Appeals · 1866
- Hannibal & St. Joseph Railroad v. CraneIllinois Supreme Court · 1882
- In re MilburnWisconsin Supreme Court · 1883
- La Crosse National Bank v. WilsonWisconsin Supreme Court · 1889
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3Cited by6 opinions
- Cantor v. SachsCourt of Chancery of Delaware · 1932
- Knittle v. EllenbuschSouth Dakota Supreme Court · 1916
- Cadwallader v. LehmanSupreme Court of Kansas · 1969
- Egland v. NeillSouth Dakota Supreme Court · 1954
- Egland v. NeillSouth Dakota Supreme Court · 1954
1 more not listed; retrieve them via the Exa API.