Sundback v. Griffith
South Dakota Supreme Court
Appeal from Minnehaha county court. Hon. E. Pakliman, Judge. Action to recover upon a debt incurred for property obtained under false pretenses. Judgment for plaintiff, and defendant appeals. The facts are stated in the opinion. The statute of exemptions being for the protection of the family, a debtor cannot waive, in advance, the benefit of said statute.
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Appeal from Minnehaha county court. Hon. E. Pakliman, Judge. Action to recover upon a debt incurred for property obtained under false pretenses. Judgment for plaintiff, and defendant appeals. The facts are stated in the opinion. The statute of exemptions being for the protection of the family, a debtor cannot waive, in advance, the benefit of said statute. Erazier v. Syas 4 N. W. 934; Kneéttle v. Newcomb, 22 N. Y. 249. To open a default the affidavits on the part of the respondent are not admissible -to controvert the applicant’s affidavit of merit. Griswold v. Lee, 47 N. W. 955.
1Opinion of the CourtKellam, J.
This is an appeal from an order of the county court of Minnehaha county, refusing to modify a judgment rendered by it in favor of respondent and against appellant. The facts are these: The summons was for relief, The complaint, which was duly verified, alleged the making of the notes sued upon by defendant, and that, to obtain the credit and property for which they were given, defendant made certain representations as to his property, real and personal, and its value, which were ber lieved and relied upon and induced the sale, but which were untrue. The complaint demands judgment for the…
2Cases cited3 opinions
- Griswold Linseed Oil Co. v. LeeSouth Dakota Supreme Court · 1891
- Chase v. SwainCalifornia Supreme Court · 1858
- Johnson v. FletcherMississippi Supreme Court · 1877
3Cited by3 opinions
- Jewett Bros. v. BentsonSouth Dakota Supreme Court · 1904
- Paxton & Gallagher Co. v. McDonaldSouth Dakota Supreme Court · 1904
- Sobolisk v. JacobsonNorth Dakota Supreme Court · 1896