Wyman v. Hallock
South Dakota Supreme Court
Appeal from circuit court Brown county. Hon. A. W. Campbell, Judge. Action upon an undertaking given to discharge an attachment. Defendants had judgment and plaintiff appeals. The facts are stated in the opinion. The respondents, by the execution of the undertaking for the discharge of the attachment, entered into, an absolute and unconditional agreement to pay the amount of any judgment which the plaintiffs in the original action might recover against the defendants.
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Appeal from circuit court Brown county. Hon. A. W. Campbell, Judge. Action upon an undertaking given to discharge an attachment. Defendants had judgment and plaintiff appeals. The facts are stated in the opinion. The respondents, by the execution of the undertaking for the discharge of the attachment, entered into, an absolute and unconditional agreement to pay the amount of any judgment which the plaintiffs in the original action might recover against the defendants. McAllister v. Eichengreen, 34 Md. 54; Fox v. Mackenzie, 47 N. W-. R. 386; Gardner v. Donnelly, 24 Pac. 1072; Huffv.…
1Opinion of the Court
Kellam. J.
This was an action upon an undertaking given under Sections 5009, 5010, Comp. Laws, for the discharge of an attachment. After the giving of the undertaking the defendant in attachment moved for its discharge upon traverse of the attachment affidavit, under Section 5011. Upon the hearing of such motion the judge made an order which, after the usual preliminary recitals, reads as follows: “It is hereby ordered that the attachment in said cause be, and the same is hereby, dissolved and set aside; and it is hereby further ordered that the bond of J. Monk, with Wm. J. Hallock as surety…
2Cases cited6 opinions
- McLaughlin v. WheelerSouth Dakota Supreme Court · 1891
- Bunneman & Martononi v. WagnerOregon Supreme Court · 1888
- Ferguson v. GlidewellSupreme Court of Arkansas · 1886
- McCombs v. . AllenNew York Court of Appeals · 1880
- Billingsley v. HarrisWisconsin Supreme Court · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Brady v. OnffroyWashington Supreme Court · 1905
- Edelman v. ScandrettSouth Dakota Supreme Court · 1940
- Larsen v. RichardsUtah Supreme Court · 1913
- Ravely v. IsenseeNorth Dakota Supreme Court · 1928