Bedford v. Kissick
South Dakota Supreme Court
Appeal from circuit court, Lawrence county. Hon. A. J. Plowman, Judge. Action to recover a balance due on a contract for work and labor, commenced in justice’s court and taken on appeal by defendants to the circuit court, which directed a verdict for plaintiff. From an order denying a motion for a new trial, defendants appeal. The facts are stated in the opinion. An execution constitutes a lien upon the personal property of the debtor from the date of delivery to an officer.
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Appeal from circuit court, Lawrence county. Hon. A. J. Plowman, Judge. Action to recover a balance due on a contract for work and labor, commenced in justice’s court and taken on appeal by defendants to the circuit court, which directed a verdict for plaintiff. From an order denying a motion for a new trial, defendants appeal. The facts are stated in the opinion. An execution constitutes a lien upon the personal property of the debtor from the date of delivery to an officer. Joslin v. Spangler, 13 Colo. 491; 22 Pac. 804; People v. Smith, 29 Ill. App. 577. See also 7 Am. & Eng. Ency. Law pp.…
1Opinion of the CourtCorson, P. J.
This was an action originally commencedin a justice court to recover $55, the balance due on contract for work and labor. After a trial in the justice court the case was appealed to the circuit court, and that court directed a verdict for the plaintiff. From an order denying a new trial defendants appeal.
The respondents make a preliminary objection that the record discloses no judgment in the case. But this is not necessary when the appeal is from the order only denying a motion for a new trial. An order granting or denying a new trial is an appealable order. Comp. Laws, § 5236, Subd. 3. And…
2Cases cited5 opinions
- Thomas v. GibbonsSupreme Court of Iowa · 1883
- Webber v. BolteMichigan Supreme Court · 1883
- Kower v. GluckCalifornia Supreme Court · 1867
- Lick v. FaulknerCalifornia Supreme Court · 1864
- Gross v. KelleherCalifornia Supreme Court · 1889
3Cited by1 opinion
- Shortridge v. SturdivantNorth Dakota Supreme Court · 1915