Legal Opinion

Stearns v. Wright

South Dakota Supreme Court

Decided August 29, 1900PublishedCited by 3 opinions

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

  1. Stoddard Manuf'g Co. v. MatticeSouth Dakota Supreme Court · 1897
  2. Matson v. SwensonSouth Dakota Supreme Court · 1894

3Cited by3 opinions

  1. State Ex Rel. Delmoe v. District CourtMontana Supreme Court · 1935
  2. Shane v. PeoplesNorth Dakota Supreme Court · 1913
  3. Phillips v. Branch Mint Min. & Mill Co.South Dakota Supreme Court · 1911

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