William Deering & Co. v. Warren
South Dakota Supreme Court
Appeal from circuit court, Hughes county; Hon. H. G. Fuller, Judge. The material facts are stated in the opinion. The fact that a debtor is removing his property from the state for mere temporary purposes only is no ground for attachment.
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Appeal from circuit court, Hughes county; Hon. H. G. Fuller, Judge. The material facts are stated in the opinion. The fact that a debtor is removing his property from the state for mere temporary purposes only is no ground for attachment. Warder v. Thrilkield 2 Ñ. W. 1073; Hunter v. Seward, 18 N. W. 58; Steele v. Dodd, 16 N. W. 909. A party holding security for a debt and seeking to attach the property of the debtor, must alLege in the affidavit for attachment that the security has become valueless or insufficient. Porter v. Brooks, 35 Cal. 199; Kinsey v. Wallace, 36 Cal. 463; Wilke v. Cohn,…
1Opinion of the CourtBennett, J.
This appeal is from an order of the circuit court of Hyde county, overruling a motion to diásolve an attachment. The affidavit for attachment is as follows: “Olin G.
Reiniger, attorney for the plaintiff in the above entitled action, being duly sworn, says that J. G. Warren, the defendant in the above entitled action, is justly indebted to the plaintiff, William Deering & Co., in the sum of one hundred and sixteen ($116) *37over and above all discounts and set-offs, which said sum is now due, and that a cause of action exists therefor in favor of said plaintiff, and against said defendant,…
2Cases cited5 opinions
- Harshaw v. . McKessonSupreme Court of North Carolina · 1871
- Libby v. CushmanSupreme Judicial Court of Maine · 1849
- Whitney v. FarrarSupreme Judicial Court of Maine · 1864
- Chapman v. CloughSupreme Court of Vermont · 1834
- Sanded v. GeorgeSupreme Court of Louisiana · 1866
3Cited by9 opinions
- Citizens' Bank v. CorkingsSouth Dakota Supreme Court · 1897
- Black v. Circuit Court of Eighth Judicial CircuitSouth Dakota Supreme Court · 1960
- Finch v. ArmstrongSouth Dakota Supreme Court · 1896
- Bailey v. WilloughbySupreme Court of Oklahoma · 1912
- Weil v. QuamNorth Dakota Supreme Court · 1911
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