Landauer v. Conklin
South Dakota Supreme Court
Appeal from circuit court, Lincoln County. Hon. Frank E. Aikens, Judge. Action by Max Landauer and others against Judson V. Conklin and Oscar Holden to set aside an assignment for the benefit of his creditors made by Holden to Conklin. There was a judgment dismissing the complaint, and plaintiffs appeal. The facts are stated in the opinion. A judgment not supported by proper findings will be reversed on appeal.
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Appeal from circuit court, Lincoln County. Hon. Frank E. Aikens, Judge. Action by Max Landauer and others against Judson V. Conklin and Oscar Holden to set aside an assignment for the benefit of his creditors made by Holden to Conklin. There was a judgment dismissing the complaint, and plaintiffs appeal. The facts are stated in the opinion. A judgment not supported by proper findings will be reversed on appeal. Doty v. Sumner, 12 Neb. 378; Demming v. Weston, 5 Wis. 236. The statute requiring an inventory and affidavit annexed is mandatory. It must be strictly followed or the assignment is…
1Opinion of the CourtKellam, J.
This is an action by creditors of respondent Holden to set aside a general assignment to respondent Conklin, on the ground that the same was not executed in compliance with the statute, and is therefore void as to creditors not assenting thereto. The objections are to the inventory required to be made and filed by section 4667, Comp. Laws, and to the affidavit required by section 4668 to be annexed to and filed with such inventory. The objections to the inventory are that it fails to show that it is a full and true inventory; that it fails to show that it contains a list of all the creditors…
2Cases cited6 opinions
- Lookout Bank v. NoeTennessee Supreme Court · 1887
- Townsend v. . StearnsNew York Court of Appeals · 1865
- Bank of Mobile v. DunnSupreme Court of Alabama · 1880
- Farmer v. CobbanSupreme Court Of The Territory Of Dakota · 1887
- Fort v. Martin Tobacco Co.Supreme Court of Georgia · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Wright v. LeeSouth Dakota Supreme Court · 1893
- Hockaday v. Drye.Supreme Court of Oklahoma · 1898
- Hawthorne v. ArltSouth Dakota Supreme Court · 1931