Stearns v. Wright
South Dakota Supreme Court
Appeal from circuit court, Hutchinson county. Hon. E. G. Smith, Judge. Action by James H. Stearns, as receiver of the German-American Loan & Trust Company, against Anna P. Wright and others. Judgment ior defendants, and plaintiff appeals. The facts are stated in the opinion. The defendant cannot have a decree against a co-defendant without a cross bill, with proper prayer, and process or answer, as in an original suit.
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Appeal from circuit court, Hutchinson county. Hon. E. G. Smith, Judge. Action by James H. Stearns, as receiver of the German-American Loan & Trust Company, against Anna P. Wright and others. Judgment ior defendants, and plaintiff appeals. The facts are stated in the opinion. The defendant cannot have a decree against a co-defendant without a cross bill, with proper prayer, and process or answer, as in an original suit. Walker v. Byers, 14 Ark. 246; Grant’s Dig. § 4559; Cullum v. Erwin, 4 Ala. 462, Cummings v. Gill, 6 Ala. 562; Shelby v. Smith, 2 A. K. Marshall, 504: Maxwell on Code PI. 550;…
1Opinion of the CourtCorson, J.
This is an action for the foreclosure of a mortgage. Findings and judgment were rendered in favor of the defendants, and the plaintiff appeals. The facts, which are practically undisputed, may be briefly stated as follows: In December, 1889, the defendants Alpha H. Wright and wife executed to the German-American Loan & Trust Company a promissory note for $1,200, payable December 1, 1894, and secured the same by mortgage on land in Hutchinson county. *547Shortly after the execution of the note and mortgage the trust company assigned the same to one Caldwell, and guarantied the payment of the…
2Cases cited2 opinions
- Stoddard Manuf'g Co. v. MatticeSouth Dakota Supreme Court · 1897
- Matson v. SwensonSouth Dakota Supreme Court · 1894
3Cited by3 opinions
- State Ex Rel. Delmoe v. District CourtMontana Supreme Court · 1935
- Shane v. PeoplesNorth Dakota Supreme Court · 1913
- Phillips v. Branch Mint Min. & Mill Co.South Dakota Supreme Court · 1911