Legal Opinion

Carter Publishing Co. v. Dennett

South Dakota Supreme Court

Decided April 4, 1899PublishedCited by 1 opinion

Appeal from circuit court, Hughes county. Hon. Loring E. Gaffy, Judge. Action for an injunction. From a judgment for defendants, plaintiff appeals. The facts are stated in the opinion. ‘ The judgment can and should be enjoined. Pollock v. Gilbert, 16 Ga. 398, 60 Am. Dec. 732; Hilbard v. Eastman, 47 N. H. 507, 93 Am.

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Appeal from circuit court, Hughes county. Hon. Loring E. Gaffy, Judge. Action for an injunction. From a judgment for defendants, plaintiff appeals. The facts are stated in the opinion. ‘ The judgment can and should be enjoined. Pollock v. Gilbert, 16 Ga. 398, 60 Am. Dec. 732; Hilbard v. Eastman, 47 N. H. 507, 93 Am. Dec. 467. A justice of the peace has no power to issue a summons in a case where the plaintiff is a nonresident, until security for costs is furnished. § 6141, Comp. Laws. Leonosio v. Bartilino. 7 S. D. 93; Penrose v. McKinzie, 116 Ind. 35; Orowicki v. Ferrich, 106 Mich. 41. The…

1Opinion of the Court

Corson, P. J,

This is an action brought by the plaintiff to restrain the defendant Strayer, as sheriff of Hughes county, from in any manner interfering with the possession of the plaintiff of the premises occupied by it by virtue of an execution issued out of the justice’s court on a judgment by default rendered in February, 1897, in favor of Lizzie Dennett' and Fred Dennett, as plaintiffs, against the Carter Publishing Company, in an action of forcible entry and detainer. This action was instituted by the present plaintiff upon the theory — First, that the said judgment was void for the…

2Cases cited4 opinions

  1. Parks v. GoodwinMichigan Supreme Court · 1843
  2. Conrad v. ColeWisconsin Supreme Court · 1862
  3. Alford v. JacobsonWisconsin Supreme Court · 1879
  4. Taylor v. WilkinsonWisconsin Supreme Court · 1867

3Cited by1 opinion

  1. Kiesel v. District Court of Sixth Judicial Dist. Ex Rel. Sevier CountyUtah Supreme Court · 1938

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