Citizens' Bank v. Corkings
South Dakota Supreme Court
On rehearing. Attachment. Plaintiff bank appealed from an order, made on motion of intervener, vacating its attachment. In an opinion reported in 9 S. D. 614, 70 N. W. 1059, the order was affirmed.
1Opinion of the CourtCorson, P. J.
This case was decided at the present term and is reported in 9 S. D. 614, 70 N. W. 1059. A rehearing was granted, and the case has been reargued by counsel orally and upon printed briefs. The court, upon a review of the case, and a re-examination of the record, is satisfied that it erred in its last proposition stated in the opinion, in which it held there was no party plaintiff, no summons issued, and no action pending at the time the warrant of attachment was issued. The -error of the court below (and this court seems to have fallen into the same error) was in holding that the fact that the…
2Cases cited7 opinions
- Barbour v. Albany Lodge, No. 24Supreme Court of Georgia · 1884
- Proprietors of the Mexican Mill v. Yellow Jacket Silver Mining Co.Nevada Supreme Court · 1868
- Brown v. Galena Mining & Smelting Co.Supreme Court of Kansas · 1884
- Citizens' Bank v. CorkingsSouth Dakota Supreme Court · 1897
- Allen v. NewberrySupreme Court of Iowa · 1859
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- Germantown Trust Co. v. WhitneySouth Dakota Supreme Court · 1905
- Sprint Communications Co. v. APCC Services, Inc.Supreme Court of the United States · 2008