McLaughlin v. Alexander
South Dakota Supreme Court
Appeal from circuit court Lawrence county. Hon. Charles M. Thomas, Judge. Action upon an undertaking given upon an appeal from a judgment in justice court, and alleged to have been assigned, together with the judgment, to the plaintiff. Defendants answer denying the assignment to plaintiff, and alleging that one of the defendants, Jones, was the owner of the judgment, setting up in the answer the manner in which he became the owner.
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Appeal from circuit court Lawrence county. Hon. Charles M. Thomas, Judge. Action upon an undertaking given upon an appeal from a judgment in justice court, and alleged to have been assigned, together with the judgment, to the plaintiff. Defendants answer denying the assignment to plaintiff, and alleging that one of the defendants, Jones, was the owner of the judgment, setting up in the answer the manner in which he became the owner. Plaintiff demurred to the answer and the demurrer was sustained. Defendants appeal. The facts are stated in the opinion. The answer presented a good denial, in…
1Opinion of the CourtCorson, J.
This is an action brought by the plaintiff against the defendants to recover upon an undertaking given on appeal from a judgment wherein George J. Germain was plaintiff, and Lucius Manwell was defendant, executed by the defendants herein to said George J. Germain. In the fourth paragraph of the complaint the plaintiff alleges that before the commencement of the action the said Germain duly assigned to him the judgment and undertaking described in the complaint, and that the said plaintiff was at the time the action was instituted the owner and holder thereof. The defendants in their answer…
2Cases cited19 opinions
- Paige v. . WilletNew York Court of Appeals · 1868
- Myrick v. BillSupreme Court Of The Territory Of Dakota · 1883
- Glenn v. SumnerSupreme Court of the United States · 1889
- Buhne v. CorbettCalifornia Supreme Court · 1872
- Nudd v. ThompsonCalifornia Supreme Court · 1867
14 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Fishburn v. LondershausenOregon Supreme Court · 1907
- Humpfner v. D. M. Osborne & Co.South Dakota Supreme Court · 1891
- First Potter County Bank v. Hogg (In Re Hogg)United States Bankruptcy Court, D. South Dakota · 1983
- Kennedy v. DennstadtNorth Dakota Supreme Court · 1915
- Acme Harvesting Machine Co. v. HinkleySouth Dakota Supreme Court · 1909
8 more not listed; retrieve them via the Exa API.