Aberdeen Clothing Co. v. Just
South Dakota Supreme Court
Appeal from Circuit Court, Roberts County. Hon. Frank McNulty, Judge. Action by the Aberdeen Clothing Company against Paul Just. From an order vacating an order in a proceeding supplementary to execution, plaintiff appeals. The order of Judge Carpenter referred to, is in the usual and ordinary form.
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Appeal from Circuit Court, Roberts County. Hon. Frank McNulty, Judge. Action by the Aberdeen Clothing Company against Paul Just. From an order vacating an order in a proceeding supplementary to execution, plaintiff appeals. The order of Judge Carpenter referred to, is in the usual and ordinary form. New York Code of Civil Procedure, 4 Wait Pr. 169. The order of Judg-e McNulty is erroneous and should be reversed, for the reason that the court, through Acting Judge Carpenter, had full power and authority to make the order of February 22, 1913, and that the provisions of C. C. P. ,403, 409,…
1Opinion of the Court
GATES, J..[1,2] The plaintiff had obtained a judgment against the defendant in a sum exceeding $25 exclusive of costs. Execution had been issued and returned unsatisfied. Thereupon plaintiff’s attorney presented an affidavit to the trial court for an order requiring the defendant to appear and answer concerning his property, as provided in chapter 14 of the Code of Civil Procedure. The order was issued, the defendant appeared, and an examination was had before Hon. Clay Carpenter, judge, acting in the absence of Plon. Prank McNulty. . As t'he result of such examination, an order was made by…
2Cases cited2 opinions
- Hoffman v. HoffmanSouth Dakota Supreme Court · 1910
- In re BlairWisconsin Supreme Court · 1856
3Cited by3 opinions
- Just v. Martin Bros. Co.South Dakota Supreme Court · 1916
- Otten v. OttenSouth Dakota Supreme Court · 1976
- Harrod v. AlexanderSouth Dakota Supreme Court · 1941