Cable v. Magpie Gold Mining Co.
South Dakota Supreme Court
Appeal from Circuit Court, Pennington County. Pión. Levi McGEE, Judge. Action by Rufus E. Cable against the Magpie Gold Mining Company, in which plaintiff obtained a judgment. From an order denying a motion to quash a levy under the execution issued under the judgment, James C. Sherman, a senior judgment creditor, appeals.
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Appeal from Circuit Court, Pennington County. Pión. Levi McGEE, Judge. Action by Rufus E. Cable against the Magpie Gold Mining Company, in which plaintiff obtained a judgment. From an order denying a motion to quash a levy under the execution issued under the judgment, James C. Sherman, a senior judgment creditor, appeals. Propositions 3, 4, and 5, appellant’s brief, referred to in the opinion, are as follows: “(3) ‘It sometimes occurs that an appealable .order is made which is prejudicial to one not a party to the action, in which case the party aggrieved by the original order cannot appeal,…
1Opinion of the CourtWhiting, J.
This case comes on for hearing upon appeal fr,om an order of the circuit court refusing to quash a levy under a writ-of execution, and the facts, so far as material to this hearing, are as follows: The plaintiff and respondent herein obtained a judgment against the defendant corporation on December 15, 1903. James C. Sherman, designated as intervener in the papéis in this court, obtained a judgment against the same corporation on July 10, 1903, and it was docketed on July xi, 1903, thus becoming a lien against the real property of the defendant corporation. March ix, 1904, the plaintiff in'…
2Cases cited4 opinions
- Hitchcock v. RoneyIllinois Supreme Court · 1855
- State v. BordenSupreme Court of New Jersey · 1887
- Dorsey v. HallSupreme Court Of The Territory Of Dakota · 1889
- Froelich v. AylwardSouth Dakota Supreme Court · 1899
3Cited by2 opinions
- In Re Johnson's EstateSouth Dakota Supreme Court · 1938
- Evans v. JohnsonSouth Dakota Supreme Court · 1938