Hundley Dry Goods Co. v. Albien
South Dakota Supreme Court
Appeal from Circuit Court, Custer County. Hon. Levi Mc-GEE, Judge. Action by the Hundley Dry Goods Company against Anna A. Albien and others, to enforce plaintiff’s alleged rights under execution levies made under its judgment against the defendant W. H. Walling Mercantile Company, upon defendant Anna A. Albien’s judgment in replevin against the defendant J. R. Smith as receiver ■of said Mercantile Company, and upon an appeal bond executed by defendant United States Fidelity…
Read the full summary
Appeal from Circuit Court, Custer County. Hon. Levi Mc-GEE, Judge. Action by the Hundley Dry Goods Company against Anna A. Albien and others, to enforce plaintiff’s alleged rights under execution levies made under its judgment against the defendant W. H. Walling Mercantile Company, upon defendant Anna A. Albien’s judgment in replevin against the defendant J. R. Smith as receiver ■of said Mercantile Company, and upon an appeal bond executed by defendant United States Fidelity & Guaranty Company upon appeal from said judgment against the receiver. From’ an order sustaining a 'demurrer to the…
1Opinion of the CourtWpiitin'G, P. J.
This cause is before us upon appeal from an order of the trial court sustaining respondent’s demurrer to appellant’s complaint herein; the demurrer being upon the ground that the facts alleged in said complaint do not constitute a cause of action. The demurrer confesses the following facts: In July, 1901, one Walling gave to respondent his promissory note, together with a chattel mortgage securing said note and covering a stock of goods, wares, and merchandise. While this mortgage was still in existence and the mortgage debt unpaid, the said Walling *62transferred the stock of merchandise then…
2Cases cited3 opinions
- Stephens v. . PerrineNew York Court of Appeals · 1894
- Albien v. SmithSouth Dakota Supreme Court · 1909
- Albien v. SmithSouth Dakota Supreme Court · 1910