Narregang v. Muscatine Mortgage & Trust Co.
South Dakota Supreme Court
Appeal from circuit court, Brown county. Hon. A. W. Campbell, Judge. Action for damages for breach of contract. Judgment for plaintiff. Defendant appeals. The facts are stated in the opinion. An undertaking at least equal to the amount of the claim specified in the affidavit must be required before issuing the writ of attachment.
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Appeal from circuit court, Brown county. Hon. A. W. Campbell, Judge. Action for damages for breach of contract. Judgment for plaintiff. Defendant appeals. The facts are stated in the opinion. An undertaking at least equal to the amount of the claim specified in the affidavit must be required before issuing the writ of attachment. Wagener v. Booker, 9 S. E. 1055; Pleitas v. Cockrem, 101 U. S. 301; Hisler v. Carr, 34 Cal. 641; Tiffany v. Lord, 65 N. Y. 310; Homan v. Brinkerhoff, 1 Den. 184; Davis v. Marshall, 14 Barb. 96. In the affidavit for publication of summons it must appear that a cause…
1Opinion of the CourtFuller, J.
This appeal is from an order overruling a motion to dissolve an attachment issued in an action by plaintiff against defendant, a nonresident corporation, to recover $2,000 damages, claimed to have been sustained by reason of a failure upon the part of the defendant to convey to plaintiff certain real estate, at an agreed price of $3,200. Omitting formal parts the affidavit for an attachment is as follows: “This action is for the recovery of money only, by the above named plaintiff against the above named defendant; that a cause of action exists in favor of said plaintiff against said…
2Cases cited1 opinion
- Coats v. ArthurSouth Dakota Supreme Court · 1894
3Cited by2 opinions
- Hemmi v. GroverNorth Dakota Supreme Court · 1909
- Pearsons v. PetersSouth Dakota Supreme Court · 1905