German Bank v. Folds

This case comes before us on a petition for a rehearing. The case was decided at the present term of court, and is reported in 9 S. D. 295, 68 N. W. 747. The appellant contends, in his petition, that the court committed an error in stating, in its opinion, that the attachment was issued upon a claim past due. On a re-examination of the affidavit upon which the attachment was issued, as set out in appellant's abstract, we find no intimation that the entire claim was not due. In appellant’s brief there is a statement that $800 of the claim had not matured when the attachment issued, but no such…