Legal Opinion

Acme Harvesting Machine Co. v. Hinkley

South Dakota Supreme Court

Decided June 26, 1909PublishedCited by 7 opinions

Appeal from Circuit Court, Marshall County. Hon. J. H. McCoy, Judge. Action by the Acme Harvesting Machine Company against W. L. Hinkley and others. From an order overruling a demurrer to plaintiff’s complaint, defendants appeal.

Read the full summary

Appeal from Circuit Court, Marshall County. Hon. J. H. McCoy, Judge. Action by the Acme Harvesting Machine Company against W. L. Hinkley and others. From an order overruling a demurrer to plaintiff’s complaint, defendants appeal. These taxes became a lien against the personal property of the Acme Harvester Company upon the first day of each .December after the levy, and when the respondent purchased and took an assignment of this judgment from the Acme Harvester Company, it took this judgment subject to the lien for taxes. Sec. 2191 Rev. Pol. Code 1903; Hulin v. Butte County, 10 N. W. 739.…

1Opinion of the CourtSmith, J.

This is an appeal from an order overruling a demurrer to plaintiff’s complaint. The complaint alleges, in substance: That in the month of January, 1905, the Acme Harvester Company, a foreign corporation, obtained a judgment in the circuit court of Marshall county against one Hinkley for $1,071.25 ; that at the time said judgment was entered there were unpaid personal property taxes for six years preceding against the Acme Harvester Company in Marshall county, amounting to $94.36; that on December 5, 1905, a warrant, issued out of the office of the county treasurer, was placed in the hands of…

2Cases cited9 opinions

  1. Smith v. AtkinsSupreme Court of Vermont · 1846
  2. Danforth v. McCook CountySouth Dakota Supreme Court · 1898
  3. McLaughlin v. AlexanderSouth Dakota Supreme Court · 1891
  4. Caldwell v. EatonMassachusetts Supreme Judicial Court · 1809
  5. Brule County v. KingSouth Dakota Supreme Court · 1898

4 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Johnson v. DahlquistWashington Supreme Court · 1924
  2. Hill v. FavourArizona Supreme Court · 1938
  3. Kelly v. EastonIdaho Supreme Court · 1922
  4. Haigler v. BursonArizona Supreme Court · 1931
  5. Archambault v. ZimmermanSouth Dakota Supreme Court · 1926

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API