McConnell v. Margulies
South Dakota Supreme Court
Appeal from Municipal' Court of Sioux Falls. Hon. Alpha F. Ore, Judge. Action by William C. McConnell, against Sam Margulies, Max Margulies being impleaded as garnis-hee. From an order granting the motion of garnishee defendant to set aside default judgment against him, and permitting filing of an affidavit of disclosure, plaintiff appeals. (1) To point one of the opinion, Appellant cited: Taws 1909, Ch. 156, Secs: 10, 13; Taws 1913, Ghap. 278, Sec. I; Code Civ.
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Appeal from Municipal' Court of Sioux Falls. Hon. Alpha F. Ore, Judge. Action by William C. McConnell, against Sam Margulies, Max Margulies being impleaded as garnis-hee. From an order granting the motion of garnishee defendant to set aside default judgment against him, and permitting filing of an affidavit of disclosure, plaintiff appeals. (1) To point one of the opinion, Appellant cited: Taws 1909, Ch. 156, Secs: 10, 13; Taws 1913, Ghap. 278, Sec. I; Code Civ. Proc., Sec. 15.1; Circuit Court Rules 8, xo, 11; State National Bank v. Towenstein (Okla.) 155 Pac. 1127. Respondent cited • 1…
1Opinion of the CourtPoleey, J.
The- respondent in this- case is a garnishee defendant. The garnishee summons was served on him at the same time that summons was served on the defendant in the action. On the following day, after the service of the summons, respondent wrote a letter to- counsel for plaintiff as follows:
“Hjaving been this day served with a garnishee summons on Sam Margulies, we are herewith formally advising you that Sam Margulies is not in our employ. Thanking you to- pay this your immediate attention, we are,” etc.
No further appearance was made by respondent, and default judgment was entered against him for…
2Cases cited4 opinions
- Cowie v. HarkerSouth Dakota Supreme Court · 1913
- Evans v. MohnSupreme Court of Iowa · 1880
- First State Bank v. KrenelkaNorth Dakota Supreme Court · 1912
- Sioux Specialty Co. v. CoyleSouth Dakota Supreme Court · 1917
3Cited by6 opinions
- Gutierrez v. RomeroArizona Supreme Court · 1922
- Credit Management Service, Inc. v. WendbourneSouth Dakota Supreme Court · 1955
- Barrett v. Oakley, SheriffWyoming Supreme Court · 1929
- War Finance Corp. v. ByrumSouth Dakota Supreme Court · 1926
- Sayer v. LeeSouth Dakota Supreme Court · 1918
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