Portland Consolidated Min. Co. v. Rossiter
South Dakota Supreme Court
Appeal from circuit court, Lawrence county. Hon. Jo • seph B. Moore, Judge. Action by the Portland Consolidated Mining Company against Michael D. Rossiter and others. Prom an order sustaining a demurrer to the complaint, plaintiff appeals.
1Opinion of the CourtFuller, J.
On its own behalf as well as that of all other creditors choosing to participate, plaintiff, a corporation and judgment creditor, after exhausting its remedy at law, instituted this action against Michael D. Rossiter and his codefendant, an insolvent corporation, for the purpose of obtaining a decree in equity subjecting the property of such corporation to the payment of its debts. On the ground that the facts stated were not sufficient to constitute a cause of action, the trial court sustained a demurrer to the complaint in the nature of a creditors’ bill, and plaintiff appeals.
Omitting…
2Cases cited1 opinion
- South Bend Toy Manufacturing Co. v. Pierre Fire & Marine InsuranceSouth Dakota Supreme Court · 1893
3Cited by3 opinions
- City National Bank v. Goshen Woolen Mills Co.Indiana Court of Appeals · 1903
- Keyes v. Blue Bell Medicine Co.South Dakota Supreme Court · 1914
- Shoen v. Sioux Falls Gas Co.South Dakota Supreme Court · 1935