Albien v. Smith

This case is before us on rehearing. The original opinion is found in 24 S. D. 203, 123 N. W. 675. The case is there fully stated, and it is unnecessary to restate the facts except as they relate to the particular question presented upon this rehearing. Briefly stated, the pertinent facts are as follows: Custer County Bank brought an action against the Walling Mercantile Company, and, upon certain grounds which are not challenged on this appeal, one J. R. Smith was appointed receiver of the assets of the Mercantile Company and took into his possession all its merchandise. Prior to the action…