James River Lodge, No. 32 I. O. O. F. v. Campbell
South Dakota Supreme Court
Petition lor a writ of certiorari to A. W. Campbell, as‘judge of tho fifth judicial circuit of South Dakota, and one Dicker-man, to review the action of such judge in vacating an order directing that foreclosure proceedings of a certain mortgage given by petitioner to Dickerman, which Dickerman had commenced by advertisement, should be transferred to the circuit court. The facts are stated in the opinion.
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Petition lor a writ of certiorari to A. W. Campbell, as‘judge of tho fifth judicial circuit of South Dakota, and one Dicker-man, to review the action of such judge in vacating an order directing that foreclosure proceedings of a certain mortgage given by petitioner to Dickerman, which Dickerman had commenced by advertisement, should be transferred to the circuit court. The facts are stated in the opinion. The mortgage and bond should be construed together. 1 Jones Mort. 71; Carter v. Carter, 41 N. W. 168. . The judge had power in the exercise of sound discretion to vacate the restraining…
1Opinion of the CourtKellam, J.
In March, 1891, defendant Dickerman commenced the foreclosure of a real-estate mortgage containing a power of sale, against t-ho plaintiff, by advertisement. While these proceedings were pending the. mortgagor, the plaintiff in this proceeding, ¡mesented 13 the Honorable A. W. Campbell, circuit judge,"an affidavit under the provisions of section 5411, *158Comp. Laws, showing, it may be assumed, that the plaintiff had a defense against a part of the amount claimed by the mortgagee to be due, such affidavit showing the certain amount alleged to be claimed by the mortgagee in excess of what the…
2Cases cited1 opinion
- McMillen v. AitchisonNorth Dakota Supreme Court · 1893
3Cited by3 opinions
- Beiseker v. SvendsgaardNorth Dakota Supreme Court · 1914
- Larson v. JacobsonNorth Dakota Supreme Court · 1926
- Muller v. Thompson Yards, Inc.South Dakota Supreme Court · 1925