Black Hills Mercantile Co. v. Gardiner
South Dakota Supreme Court
Appeal from circuit court, Lawrence county. Hon Chas. M. Thomas, Judge. Action in attachment by the Black Hills Mercantile Company against Charles H. Gardiner and Merritt J. Bailey, partners. From an order discharging the writ issued, plaintiff appeals. The facts are stated in the opinion.
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Appeal from circuit court, Lawrence county. Hon Chas. M. Thomas, Judge. Action in attachment by the Black Hills Mercantile Company against Charles H. Gardiner and Merritt J. Bailey, partners. From an order discharging the writ issued, plaintiff appeals. The facts are stated in the opinion. A chattel mortgage upon a stock of goods containing a provision authorizing the mortgagor to retain possession of the goods and sell them in the ordinary course of trade, and not apply the proceeds to the mortgage debt, is invalid, and the court can, as a matter of law, pronounce it void, — at least…
1Opinion of the CourtKellam, J.
This is an appeal from an order of the circuit court of Lawrence county discharging an attachment. The grounds of the motion to discharge were: First, that the allegations of the attachment were untrue; and, second, that no sufficient undertaking was given, it not being required by the plaintiff. Section 4996, Comp. Laws, requires that, before an attachment can issue, the clerk must require a £ ‘written under*251taking on the part of the plaintiff, with sufficient sureties,” etc. In this case the undertaking was not signed by the plaintiff, but was signed by two sureties. The sureties justified,…
2Cases cited9 opinions
- Randall v. Burk TownshipSouth Dakota Supreme Court · 1893
- Pierse v. MilesMontana Supreme Court · 1885
- Board of Education v. SweeneySouth Dakota Supreme Court · 1891
- Howard v. ManderfieldSupreme Court of Minnesota · 1883
- National Exchange Bank v. StellingSupreme Court of South Carolina · 1889
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3Cited by14 opinions
- Hollenbeck v. LoudenSouth Dakota Supreme Court · 1915
- Chambers v. WilsonSouth Dakota Supreme Court · 1940
- Albien v. SmithSouth Dakota Supreme Court · 1909
- Egan State Bank v. RiceCourt of Appeals for the Eighth Circuit · 1902
- Bank of Perry v. CookeSupreme Court of Oklahoma · 1895
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