Busby v. Riley
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge. Action by L. A. Busby against James E. Riley and others to recover the amount of a judgment in favor of plaintiff against the Sioux Falls Granite Company, a corporation of which defendants were stockholders. From a judgment for defendants, and from an order denying a motion for anew trial, plaintiff appeals. The facts are stated in the opinion.
Read the full summary
Appeal from circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge. Action by L. A. Busby against James E. Riley and others to recover the amount of a judgment in favor of plaintiff against the Sioux Falls Granite Company, a corporation of which defendants were stockholders. From a judgment for defendants, and from an order denying a motion for anew trial, plaintiff appeals. The facts are stated in the opinion. Under our statute the officer has sixty days within which to make his return of n ulla bona on an execution, but may do so at any time within that period when he becomes…
1Opinion of the CourtFuller, J.
In justice court, on the 13th day of February, 1892, L. A. Busby obtained a judgment by default, upon an assigned claim for labor, against the Sioux Falls Granite Company, a corporation, and a transcript thereof was filed and docketed in the circuit court on the 24th day of the same month. On the same day, an execution issued thereon from the circuit court to the sheriff of Minnehaha county, and, no property of the corporation being found, the same was three days thereafter returned wholly unsatisfied, and this suit was instituted by plaintiff to recover from defendants, who were stockholders…
2Cases cited3 opinions
- King v. CornellSupreme Court of the United States · 1882
- Coats v. HillSupreme Court of Arkansas · 1883
- People v. BurtCalifornia Supreme Court · 1872
3Cited by8 opinions
- Simpson v. TobinSouth Dakota Supreme Court · 1985
- Estate of BodeSouth Dakota Supreme Court · 1979
- Gray Construction Co. v. FantleSouth Dakota Supreme Court · 1934
- State ex rel. Long v. RexfordSouth Dakota Supreme Court · 1906
- State ex rel. State Farmers Mutual Hail Insurance v. CooperNorth Dakota Supreme Court · 1909
3 more not listed; retrieve them via the Exa API.