Adams & Westlake Co. v. Deyette
South Dakota Supreme Court
Appeal from circuit court, Brown county. Hon. E. G. Smith, Judge. Action by the Adams & Westlake Company against the Hicks-Trask Hardware Company, C. E. Deyette and W. W. Lewis to set aside certain judgments confessed by said company in favor of said Deyette and Lewis. From a judgment for plaintiff, defendant^ appeal. The facts are stated in the opinion.
Read the full summary
Appeal from circuit court, Brown county. Hon. E. G. Smith, Judge. Action by the Adams & Westlake Company against the Hicks-Trask Hardware Company, C. E. Deyette and W. W. Lewis to set aside certain judgments confessed by said company in favor of said Deyette and Lewis. From a judgment for plaintiff, defendant^ appeal. The facts are stated in the opinion. The facts before the court in the proceedings in which judgment was rendered and that appear upon the face of the judgment roll, are conclusive as to third parties as well as to the parties to the action. Black Judgments, 59; White v. Snow,…
1Opinion of the CourtFuller, J.
From the uncontroverted averments of the complaint and from the findings of the referee we obtain the following facts: On the 9th day of May, 1888, the Hicks-Trask Hardware Company, a corporation, being insolvent, confessed judgments against itself in favor of each of the defendants C. E. Deyette and W. W. Lewis, amounting to $1,469.26; the Deyette judgment being for $649.-84, and the Lewis judgment for $819.42. After entry of the above judgments, and on the 12th day of the same month, said defendant confessed numerous other judgments, among which there was one in plaintiff’s favor for…
2Cases cited10 opinions
- Clapp v. PetersonIllinois Supreme Court · 1882
- Thomson v. . Bank of British North AmericaNew York Court of Appeals · 1880
- Barton v. Port Jackson & Union Falls Plank Road Co.New York Supreme Court · 1854
- Pierce v. ManningSouth Dakota Supreme Court · 1892
- German Savings Bank v. WulfekuhlerSupreme Court of Kansas · 1877
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Sioux Falls Trust & Savings Bank v. Homer W. Johnson Co.United States District Court · 1927
- Erickson-Hellekson-Vye Co. v. A. Wells Co.Supreme Court of Minnesota · 1944
- Adams & Westlake Co. v. DeyetteSouth Dakota Supreme Court · 1895
- Furber v. Williams-Flower Co.South Dakota Supreme Court · 1907
- Trebilcock v. Big Missouri Mining Co.South Dakota Supreme Court · 1896
2 more not listed; retrieve them via the Exa API.