First Nat. Bank v. Van Vooris
South Dakota Supreme Court
Appeal from circuit court, Brookings county. Hon. J. O. Andrews, Judge. Attachment by the First National Bank of Nashua, Iowa, against William F. Van Vooris. From an order dissolving the attachment, plaintiff appeals. A judgment is a contract, and an action upon a foreign judgment being a suit upon a contract for the recovery of money only will support an attachment. 1 Freeman on Judg. Sec. 4; 3 Bl.
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Appeal from circuit court, Brookings county. Hon. J. O. Andrews, Judge. Attachment by the First National Bank of Nashua, Iowa, against William F. Van Vooris. From an order dissolving the attachment, plaintiff appeals. A judgment is a contract, and an action upon a foreign judgment being a suit upon a contract for the recovery of money only will support an attachment. 1 Freeman on Judg. Sec. 4; 3 Bl. Comm. 160; Bishop on Cont. 551-6; Taylor v. Root, 4 Keyes 335; Morse v. Toppan, 3 Gray 411; Manfg. Co. v. Houston, 15 N. E. 402; Childs v. Harris. 32 N. W. 43; 1 Black Judg. Sec. 11; Coats v.…
1Opinion of the CourtKellam, J.
This is an appeal from an order of the circuit court of Brookings county discharging an attachment. The leading question in the case is whether, within the meaning of our attachment law, a judgment of a sister state is a contract, without regard to the character of the original cause of action which entered into it. The difficulty is not to find direct adjudications upon the general question of whether a judgment is or ought to be classed as a contract, for they are almost numberless on both sides of the question. The embarrassment is to determine which line of these cases, so squarely…
2Cases cited7 opinions
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- Wyman v. MitchellNew York Supreme Court · 1823
- Gutta Percha & Rubber Manufacturing Co. v. MayorNew York Court of Appeals · 1888
- Moore v. . NowellSupreme Court of North Carolina · 1886
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