City of Sturgis v. Walker

This is an appeal from an order which overruled a ¡motion to dissolve a levy on described real property made pursuant to a Warrant of Attachment. The theory of appellant is that the attachment and levy abated by reason of the death of the defendant after the action was commenced, and before service of the summons was made on the above named Rudolph Eickhoff.

It is provided by SDC I960’ Supp. 33.0735 that “There shall be attached to the transcript, or served separately within ten days after the appeal is taken if no transcript is used, assignments of the error claimed to exist and on which the…