First National Bank v. Mather
South Dakota Supreme Court
Appeal from Circuit Court, Kingsbury County. Hon. Alva E. Taylor, Judge. Action by the First National Bank of Arlington against Abbott Mather, .and Arabella Mather, his wife, as garnishee.
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Appeal from Circuit Court, Kingsbury County. Hon. Alva E. Taylor, Judge. Action by the First National Bank of Arlington against Abbott Mather, .and Arabella Mather, his wife, as garnishee. From a judgment for garnishee defendant, plaintiff appeals. 1. Not one dollar of money was ever paid by Arabella Mather for said land, to which money she could claim any greater right than her husband; and that it may well be doubted whether any money whatever was ever paid by her. 2. At the time of the mortgage foreclosure on said land in 1891, and the subsequent issuance of deed to Arabella Mather, Abbott…
1Opinion of the CourtWhjting, J.
This action was brought to recover the amount due upon a promissory note given plaintiff by defendant Abbott Mather. The plaintiff, acting under the provisions of *559Chapter 156, Laws 1909, made Arabella Mather a party to said action as garnishee defendant, claiming that she held certain property which was in fact the property of the principal defendant herein and not exempt from execution-in satisfaction of such judgment as plaintiff might recover against such principal defendant. The garnishee denied that she held any property belonging to the principal defendant, and the issue made by such…
2Cases cited3 opinions
- State v. SysingerSouth Dakota Supreme Court · 1910
- State v. McCallumSouth Dakota Supreme Court · 1909
- Clark v. ElseSouth Dakota Supreme Court · 1906
3Cited by1 opinion
- Jones v. JonesSouth Dakota Supreme Court · 1940