Knittle v. Ellenbusch
South Dakota Supreme Court
Appeal from' 'Circuit Court, Gregory County. Hon. William WILLIAMSON, Judge. Action by Jacob Knittle, against Gottlieb Eilenbusch and Fred) Putnam, principal defendants, and J. N. McNamara, Garnishee, to recover upon contract. From’ a judgment against the garnishee defendant, and from an order denying him a new trial, the latter appeals.
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Appeal from' 'Circuit Court, Gregory County. Hon. William WILLIAMSON, Judge. Action by Jacob Knittle, against Gottlieb Eilenbusch and Fred) Putnam, principal defendants, and J. N. McNamara, Garnishee, to recover upon contract. From’ a judgment against the garnishee defendant, and from an order denying him a new trial, the latter appeals. (1) To point one of the opinion, Appellant cited: Penney- or v. Neff 95 U. S. 714, 24 K. Ed. 565; Laws 1909, Ch. 156, Sec. 15. (2) To point two of the opinion, Respondent cited: State ex rel Bank of Herrick v. Circuit Court of Gregory County, 32 So. Díale.…
1Opinion of the CourtWhiting, J.
Appeal from a judgment against a garnishee defendant, and from an order denying such garnishee a new trial.
There was no personal seryice of summons within this state nor appearance by the defendants in the-main action. There was service on such defendants in the state of Nebraska. The garnishee summons was served upon the garnishee within this state. No judgment was rendered against the garnishee until after a judgment had been entered against the main defendant, but the trial upon the issues joined on the garnishee’s disclosure had been had prior to the rendition of the judgment in the main…
2Cases cited13 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Jaques & Tinsley Co. v. Carstarphen Warehouse Co.Supreme Court of Georgia · 1908
- Kohn v. FishbachWashington Supreme Court · 1904
- Musselman Grocer Co. v. Kidd, Dater & Price Co.Michigan Supreme Court · 1908
- Armstrong, Cator & Co. v. BestSupreme Court of North Carolina · 1893
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3Cited by10 opinions
- Mexican v. Circle BearSouth Dakota Supreme Court · 1985
- Emerson-Brantingham Implement Co. v. AinslieSouth Dakota Supreme Court · 1917
- Kwongyuen Hangkee Co. v. Starr Fireworks, Inc.South Dakota Supreme Court · 2001
- Seaboard Surety Co. v. First Nat. Bank & Trust Co.Court of Appeals for the Eighth Circuit · 1941
- Hudson v. SheafeSouth Dakota Supreme Court · 1919
5 more not listed; retrieve them via the Exa API.