Legal Opinion

Central Lumber Co. v. Dougherty

South Dakota Supreme Court

Decided February 8, 1921No. File No. 4683PublishedCited by 3 opinions

Appeal from Circuit Court, Corson County. Hon. Raymond L. Diixman, Judge. Action by the Central Lumber Company, a 'corporation, against Thomas P. Dougherty, defendant; Ray 4 Madsen et al being- garnishee defendants. After judgment entered against the main defendant, garnishee summons against the garnishee defendants was issued. Prom an order denying a motion to vacate and set aside the garnishment proceedings, garnishee defendants appealed.

1Opinion of the CourtPolley, J.

This is an appeal from an order denying a motion to vacate and set aside garnishlment proceedings against the appellants as garnishee defendants in this action. Plaintiffs recovered a money • judgment against the principal defendant. Thereafter plaintiff caused garnishee summons to 'be issued and *581served upon the. appellants. Thereupon appellants procured an order to -show cause why the said garnishment proceedings-,should not be dismissed on the ground that judgment -had been entered, but that no execution was then in force.

The -only question involved .on the appeal is whether, in such case,…

2Cited by3 opinions

  1. Holt v. HoltSouth Dakota Supreme Court · 1970
  2. First Potter County Bank v. Hogg (In Re Hogg)United States Bankruptcy Court, D. South Dakota · 1983
  3. Alswager v. DwelleNorth Dakota Supreme Court · 1940

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