Lyon v. Bertolero
South Dakota Supreme Court
Appeal from Circuit Court, Lawrence County. ITon. W. G. Riae;, Judge. Action by David T. Lyon and others, partners as Lyon Bros., against Innocent Bertolero and another. From a judgment refusing to exonerate bail and to amend the judgment for plaintiffs, defendants appeal.
1Opinion of the CourtWhiting, J.
This action was one brought by respondents against appellants, and at the time of the commencement of the action the plaintiffs presented to the trial court affidavit, .provided for in section 159, Code Civ. Proc. (which section is a part of the article providing for arrest and bail), and procured an order for arrest of the defendants, and they were afterwards arrested and gave bail. The complaint was in ordinary form of complaint to recover value of goods and then followed paragraph 5 thereof, wherein was alleged the same facts as those set forth in the affidavit for arrest; the same…
2Cases cited1 opinion
- Griffith v. HubbardSouth Dakota Supreme Court · 1896
3Cited by8 opinions
- Security Savings Bank v. MuellerSouth Dakota Supreme Court · 1981
- In Re the South Lincoln Rural Water System Application for Permit No. 4300-3South Dakota Supreme Court · 1980
- North Central Investment Co. v. Vander VorsteSouth Dakota Supreme Court · 1965
- Quarnberg v. City of ChamberlainSouth Dakota Supreme Court · 1912
- Midland National Life Ins. v. JohnsonSouth Dakota Supreme Court · 1943
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