Aune v. B-Y Water District
South Dakota Supreme Court
1DissentMiller, Chief Justice
The majority and the parties fail to resolve the most fundamental issue presented in this appeal: What is a “judgment?” The followup question then, is whether Aune has such a judgment against B-Y. The majority’s discussions and arguments are premised on the erroneous “fact” that Aune had a valid judgment against B-Y upon which Tabor Plumbing could levy. Such a premise is not legally sound. Under our statutory scheme, as set forth below, it is clear that Aune did not have a judgment against B-Y upon which Tabor Plumbing could levy and which could be sold at a sheriffs sale. Therefore, I…
2Cases cited4 opinions
- Aune v. B-Y Water DistrictSouth Dakota Supreme Court · 1990
- Wentzel v. HuebnerSouth Dakota Supreme Court · 1960
- Pendergast v. MunsSouth Dakota Supreme Court · 1931
- Pendergast v. MunsSouth Dakota Supreme Court · 1928