Noyes v. Brace
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. J. W. Jones, Judge. On rehearing. From a judgment for defendants, plaintiffs appealed. In an opinion reported in 8 S. D. 190, 65 N. W. 1071 the judgment was reversed and a new trial ordered.
1Opinion of the CourtHaney, J.
In its former decision this court assumed that “this is an action in the nature of a creditor’s bill,” and reversed the judgment of the court below for rejecting evidence tending to show that in September, 1893, defendant Lowry possessed no property liable to levy or sale on execution other than that included in the mortgage which plaintiff, as a judgment creditor of Lowry, was attacking as fraudulent. 8 S. D., 190, 65 N. W. 1071. Treating the action as one in the nature of a creditor’s bill, the conclusion of the court was correct; but it is evident from an inspection of the record that such…
2Cases cited6 opinions
- Sandwich Manufacturing Co. v. MaxSouth Dakota Supreme Court · 1894
- Woodard v. BairdNebraska Supreme Court · 1895
- Moquist v. ChapelSupreme Court of Minnesota · 1895
- Straw v. JenksSupreme Court Of The Territory Of Dakota · 1889
- Noyes v. BraceSouth Dakota Supreme Court · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Olesen v. SnyderSouth Dakota Supreme Court · 1976
- McPherson v. JuliusSouth Dakota Supreme Court · 1903
- Parrish v. MahanySouth Dakota Supreme Court · 1899
- Selbie v. GrahamSouth Dakota Supreme Court · 1904
- Whiffen v. HollisterSouth Dakota Supreme Court · 1899
2 more not listed; retrieve them via the Exa API.