National Bank of Commerce v. Feeney
South Dakota Supreme Court
Appeal from circuit court, Hughes county. Hon. Boring E. Gappy, Judge. Action in claim and delivery. From a judgment in favor of plaintiff, defendant appeals. The facts are stated in the opinion. Property having been taken thereunder and the papers returned into court, the affidavit and notice became functus officio, and if a further levy were made it could only be upon an additional affidavit, bond and notice.
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Appeal from circuit court, Hughes county. Hon. Boring E. Gappy, Judge. Action in claim and delivery. From a judgment in favor of plaintiff, defendant appeals. The facts are stated in the opinion. Property having been taken thereunder and the papers returned into court, the affidavit and notice became functus officio, and if a further levy were made it could only be upon an additional affidavit, bond and notice. Snow v. Ray, 22 Wend. 602; O’Reilley v. Good, 42 Barb. 521. There being no reply the counterclaim was admitted and the motion for judgment should have been granted. § 4919, Comp. Laws;…
1Opinion of the CourtCorson, P. J.
This was an action in claim and delivery. A verdict was directed for the plaintiff, and the defendant appeals. The action was based upon a chattel mortgage executed to Clough, Ledwich & Co., to secure the payment of two promissory notes executed to the same firm by the defendant, and which notes and chattel mortgage were transferred to this plaintiff before their maturity for value. The notes having matured, and being unpaid, the plaintiff sought by this action to obtain possession of the mortgaged property, for the purpose of subjecting the same to the payment of the notes. The plaintiff at…
2Cases cited21 opinions
- Innerarity v. Merchants' National BankMassachusetts Supreme Judicial Court · 1885
- Allen v. South Boston RailroadMassachusetts Supreme Judicial Court · 1889
- Frenkel v. HudsonSupreme Court of Alabama · 1886
- Merchants' National Bank v. LovittSupreme Court of Missouri · 1893
- Commercial Bank v. BurgwynSupreme Court of North Carolina · 1892
16 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Tatum v. Commercial Bank & Trust Co.Supreme Court of Alabama · 1915
- Mays v. First State Bank of KellerTexas Commission of Appeals · 1923
- Salt River Valley Water Users' Ass'n v. BerryArizona Supreme Court · 1926
- State Savings Bank v. MontgomeryMichigan Supreme Court · 1901
- Tallahatchie Home Bank v. AldridgeMississippi Supreme Court · 1934
17 more not listed; retrieve them via the Exa API.