Tuthill v. Sherman
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. JoNEs, Judge. Action by S. G. Tuthill against P. F. Sherman, upon a promissory note; defendant counterclaiming for alleged- damages for an excessive levy of an attachment in the suit. From an order sustaining a demurrer to his counterclaim, defendant appeals. The counterclaim states a cause of action.
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Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. JoNEs, Judge. Action by S. G. Tuthill against P. F. Sherman, upon a promissory note; defendant counterclaiming for alleged- damages for an excessive levy of an attachment in the suit. From an order sustaining a demurrer to his counterclaim, defendant appeals. The counterclaim states a cause of action. The making of a grossly excessive levy under a warrant of attachment, resulting in great damage to the attachment defendant, in a case where the whole proceeding is controlled arid directed by the plaintiff, and where it is carried on…
1Opinion of the CourtMcCOY, J.
Plaintiff instituted this action upon a complaint to recover upon a past-due promissory note for $3,500, executed and delivered to plaintiff by defendant, and which note represented the purchase price of certain corporation stock sold and delivered by plaintiff to defendant.
[1] Among the defenses set up by defendant was a counterclaim alleging, in substance, that at or about the time plaintiff commenced this action he caused two warrants of attachment to be issued, based upon affidavits showing the nonresidence of defendant, and under such warrants of attachment plaintiff caused and directed…
2Cases cited19 opinions
- Kolka v. JonesNorth Dakota Supreme Court · 1897
- Brand v. HinchmanMichigan Supreme Court · 1888
- Antcliff v. JuneMichigan Supreme Court · 1890
- Smith v. French.Supreme Court of North Carolina · 1906
- Zinn v. RiceMassachusetts Supreme Judicial Court · 1891
14 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Columbia Nat. Bank v. RizerSupreme Court of South Carolina · 1929
- Knoshaug v. PollmanDistrict Court, D. North Dakota · 1956
- Bolzer v. HamiltonSouth Dakota Supreme Court · 1960
- Longpre v. SchmeleSouth Dakota Supreme Court · 1935
- Ordway v. PriceSupreme Court of Minnesota · 1923
5 more not listed; retrieve them via the Exa API.