Legal Opinion

Germantown Trust Co. v. Whitney

South Dakota Supreme Court

Decided January 25, 1905PublishedCited by 4 opinions

Appeal from circuit court, Campbell "county; Hon. Goring E.' Gappy, Judge. Action by the Germantown Trust Company, a corporation, against Ben W. Whitney. From an order denying a motion to dissolve, and "vacate an attachment, defendant appeals.

1Opinion of the CourtCorson, P. J.

This is an appeal by the defendant flota an .order denying a motion to dissolve and vacate attachment proceedings. The action was to recover the sum of $1,314:51, alleged to be due the plaintiff as administrator of the estate of William Ottinger, deceased. An undertaking was executed, purporting to have been made by the United States Fidelity & Guaranty Company, a corporation. A warrant- of attachment was issued, return made thereunder, and motion made to dismiss, on which the order denying the same was made, from which this appeal is taken. The motion was made upon the following grounds:…

2Cases cited2 opinions

  1. Hart v. BarnesNebraska Supreme Court · 1888
  2. Citizens' Bank v. CorkingsSouth Dakota Supreme Court · 1897

3Cited by4 opinions

  1. Colburn v. LathamSouth Dakota Supreme Court · 1913
  2. Poppke v. PoppkeSouth Dakota Supreme Court · 1930
  3. Michigan Trust Co. v. ChaffeeNorth Dakota Supreme Court · 1943
  4. Josey v. ReynoldsSupreme Court of South Carolina · 1929

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