Legal Opinion

Bowler v. First National Bank

South Dakota Supreme Court

Decided October 30, 1907PublishedCited by 6 opinions

Appeal from Circuit Court, Minnehaha County. Hon. J. W. Jones, Judge. Action by John A. Bowler, as trustee in bankruptcy, against the First National Bank of Pipestone. Judgment for defendant, and plaintiff appeals.

1Opinion of the CourtCorson, J.

This action was instituted bjr the plaintiff as trustee in bankruptcy of the estate of John H. Bruins, a bankrupt, to vacate and set aside a certain mortgage and deed executed by the said Bruins to the defendant bank and recorded within four months preceding the filing of the petition in bankruptcy. A demurrer was interposed the complaint, stating, in substance: (i) That said complaint does not state facts sufficient to constitute a cause of action; (2) that several causes of action are improperly united; (3) that as to> the second cause of action therein stated the court had no jurisdiction…

2Cases cited19 opinions

  1. Pennoyer v. NeffSupreme Court of the United States · 1878
  2. First Nat. Bank of Buchanan County v. ConnettCourt of Appeals for the Eighth Circuit · 1905
  3. Johnson v. GibsonIllinois Supreme Court · 1886
  4. Farmers & Traders Bank v. Kimball Milling Co.South Dakota Supreme Court · 1890
  5. Lindley v. O'ReillySupreme Court of New Jersey · 1888

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3Cited by6 opinions

  1. Rogers v. Penobscot Mining Co.South Dakota Supreme Court · 1911
  2. Hammond v. WallUtah Supreme Court · 1917
  3. In re Jacobson & PerrillDistrict Court, N.D. Georgia · 1912
  4. Ott v. CheneySouth Dakota Supreme Court · 1935
  5. Bowler v. First Nat. BankSouth Dakota Supreme Court · 1908

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