Brown v. Tidrick
South Dakota Supreme Court
Appeal from circuit court, Brule county, Hon. Frank B. Smith, Judge. Action upon an undertaking for attachment by James Brown against C. D. Tidrick. Judgment for plaintiff. Defendant appeals. The facts are stated in the opinion. A surety cannot be held beyond the express terms of his contract. Miller v. Stewart, 9 Wheaton 680; Comp.
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Appeal from circuit court, Brule county, Hon. Frank B. Smith, Judge. Action upon an undertaking for attachment by James Brown against C. D. Tidrick. Judgment for plaintiff. Defendant appeals. The facts are stated in the opinion. A surety cannot be held beyond the express terms of his contract. Miller v. Stewart, 9 Wheaton 680; Comp. Daws., §4299; Curtin v. Atkinson,' 54 N. W. 133. The law permitting an assignment of plaintiffs cause of action pending the litigation and the substitution of the transferree as plaintiff in the action constituted part of appellant’s contract of suretyship.…
1Opinion of the CourtCorson, J.
This is an action upon an undertaking for attachment. The defendant interposed a demurrer to the complaint, and, the demurrer being overruled and the defendant electing to stand upon his demurrer, judgment was entered in favor of the plaintiff, and from this judgment the defendant appeals.
Plaintiff’s cause of action may be summarized as follows: In August, 1896, an action was commenced in the circuit court of Brule county by one M. E. Distad against Harry A. Shanklin for the recovery of money, wherein said Distad applied for a writ of attachment against said defendant, Shanklin, and wherein…
2Cases cited5 opinions
- Trentman v. WileyIndiana Supreme Court · 1882
- Dunn v. CrockerIndiana Supreme Court · 1864
- Bell v. WalkerNebraska Supreme Court · 1898
- Zechman v. HaakWisconsin Supreme Court · 1893
- Slosson v. FergusonSupreme Court of Minnesota · 1884
3Cited by3 opinions
- Heine v. WrightCalifornia Court of Appeal · 1926
- Foster v. DischnerSouth Dakota Supreme Court · 1927
- McLean v. WrightSupreme Court of Alabama · 1902