Hart v. Grant
South Dakota Supreme Court
Appeal from circuit court, Lyman county. Hon. D. Haney, Judge. Action by *E. B. Hart against G. S. Grant, to recover money belonging to plaintiff, alleged to have, been obtained by defendant from one Thompson, by false pretenses, and converted to defendant’s use. From an order vacating an order of arrest, plaintiff appeals. The facts are stated in the opinion.
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Appeal from circuit court, Lyman county. Hon. D. Haney, Judge. Action by *E. B. Hart against G. S. Grant, to recover money belonging to plaintiff, alleged to have, been obtained by defendant from one Thompson, by false pretenses, and converted to defendant’s use. From an order vacating an order of arrest, plaintiff appeals. The facts are stated in the opinion. States whose constitutions forbid imprisonment for debts originating in contract, authorize and sustain it in actions growing out of fraud. Stimson’s Am. Stat. Law,'§ 80; Long v. McLean, 88 No. Car. 3; Ex parte Hardy, 68-Ala. 303;…
1Opinion of the CourtCorson, P. J.
Appeal by the plaintiff from an order vacating an order of arrest. The order of arrest vacated in this case was made upon the complaint and affidavit of-plaintiff. The affidavit, which states subtantially the same facts alleged in the complaint, is, omitting the formal parts, as follows: “That the defendant in the foregoing described action, G. S. Grant, is justly indebted to him in the sum of two hundred and sixty-nine dollars and ninety-six cents ($269.96), with interest thereon from the 29th day of June, A. D. 1894, at the rate of seven per centum per annum. And that such indebtedness,…
2Cases cited4 opinions
- Tupper v. MorinNew York Supreme Court · 1890
- In re PerryNew York Surrogate's Court · 1893
- McClure v. LevyNew York Supreme Court · 1893
- Finlay v. De CastroverdeNew York Supreme Court · 1893
3Cited by1 opinion
- State v. McGaheyNorth Dakota Supreme Court · 1904