Scaman v. Galligan
South Dakota Supreme Court
Appeal from circuit court, Clark county. Hon. J. O. Andrews, Judge. Action by Dora L. Scaman against Edward M. Galligan and Mattie Galligan upon a promissory note and to foreclose real estate mortgage securing samé. There was á judgment in favor of the latter defendant, and from an order denying a new trial plaintiff appeals. The facts are stated in the opinion.
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Appeal from circuit court, Clark county. Hon. J. O. Andrews, Judge. Action by Dora L. Scaman against Edward M. Galligan and Mattie Galligan upon a promissory note and to foreclose real estate mortgage securing samé. There was á judgment in favor of the latter defendant, and from an order denying a new trial plaintiff appeals. The facts are stated in the opinion. Motion for injunction after issuance of summons must be made upon affidavits and a copy of the affidavit must be served with the injunction. Comp. Laws, §4986; Falkenburgv. Lucy, 35 Cal. 52. Injunction not binding until served. Verbal…
1Opinion of the CourtCorson, P. J.
This was an action to foreclose a real estate mortgage executed by the defendant Edward M. Galligan to the plaintiff, Dora Scaman. The defendant Edward M. Gal-ligan made no defense, but the defendant Mattie Galligan answered, and judgment was rendered in her favor. A motion for a new trial was made and denied, and from an order denying the same the plaintiff appeals.
Mattie Galligan, in her answer, states, in substance, that in the year 1888 the said Edward M. Galligan commenced an action for divorce against her, in the then district court in and for Clark county, that in July, 1888, said…
2Cases cited8 opinions
- Phyfe v. RileyNew York Supreme Court · 1836
- Bodine v. . MooreNew York Court of Appeals · 1858
- Settlemire v. NewsomeOregon Supreme Court · 1882
- Warren v. FishSupreme Court of Minnesota · 1862
- Willsie v. Rapid Valley Horse-Ranch Co.South Dakota Supreme Court · 1895
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3Cited by5 opinions
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- Green v. SabinSouth Dakota Supreme Court · 1900