State ex rel. Gunderson v. King
South Dakota Supreme Court
Appeal from circuit court, Hughes county. Hon. H. G. Fuller, Judge. Action by the state of South Dakota, on relation of May T. Gunderson, against Royal F. King and others, on the bond of defendant King, as assignee of the State Bindery Company, a corporation, in which defendants appealed from a judgment for plaintiff. Plaintiff moves to dismiss the appeal. Motion granted as to defendant King. The facts are stated in the opinion.
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Appeal from circuit court, Hughes county. Hon. H. G. Fuller, Judge. Action by the state of South Dakota, on relation of May T. Gunderson, against Royal F. King and others, on the bond of defendant King, as assignee of the State Bindery Company, a corporation, in which defendants appealed from a judgment for plaintiff. Plaintiff moves to dismiss the appeal. Motion granted as to defendant King. The facts are stated in the opinion. A defect in the complaint may be considered upon demurrer or motion to strike out the answer. Bliss Code PI. 422; Van Alstyne v. Friday,. 41 N. Y. 174. A creditor…
1Opinion of the CourtKellam, J.
Without a word of explanation, the title to this case may be misleading. Appellant King was assignee of the State Bindery Company, a corporation. The other appellants were sureties on his bond. May T. Gunderson brought this suit on a claim against the assigning corporation,, alleging the assignment, the giving of the bond (which under the statute, runs to the state) the collection of assets, and refusal to pay. The assignee and the sureties answered separately. The court sustained a motion to strike out so much of the answers as were relied upon as defensive,- the motion as to the answer of…
2Cases cited1 opinion
- Hill v. FinniganCalifornia Supreme Court · 1880
3Cited by3 opinions
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