Legal Opinion

Portland Consolidated Min. Co. v. Rossiter

South Dakota Supreme Court

Decided May 8, 1903PublishedCited by 3 opinions

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

  1. South Bend Toy Manufacturing Co. v. Pierre Fire & Marine InsuranceSouth Dakota Supreme Court · 1893

3Cited by3 opinions

  1. City National Bank v. Goshen Woolen Mills Co.Indiana Court of Appeals · 1903
  2. Keyes v. Blue Bell Medicine Co.South Dakota Supreme Court · 1914
  3. Shoen v. Sioux Falls Gas Co.South Dakota Supreme Court · 1935

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