Minnesota Thresher Manufacturing Co. v. Schaack
South Dakota Supreme Court
Appeal from circuit court, Codington county. Hon. J. 0. Andrews, Judge. On rehearing. Action to set aside a sale of real and personal property, as in fraud of creditors. Defendant appealed from an order striking out parts of the answer. In an opinion filed August 5, 1896, the order was affirmed. 9 S. D. 184, 68 N. W. 287.
1Opinion of the CourtCorson, P. J.
This case was decided at a former term of thjs court, and is reported in 9 S. D. 184, 68 N. W. 287. Upon a proper petition, a rehearing was granted. It will be observed that, in affirming the order appealed from, we proceeded upon the theory that, as the whole answer of the defendant was not before us, we could not properly determine whether or not the *512parts of the answer stricken out were irrelevant or redundant, and we therefore indulged the presumption, in order to sustain the order of the court, that the parts stricken out were either redundant or irrelevant. In taking this view we were…
2Cases cited12 opinions
- Candee v. . LordNew York Court of Appeals · 1849
- Pickett v. PipkinSupreme Court of Alabama · 1879
- Strong v. LawrenceSupreme Court of Iowa · 1882
- Sidensparker v. SidensparkerSupreme Judicial Court of Maine · 1864
- Mattingly v. NyeSupreme Court of the United States · 1869
7 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Schmitt v. DahlSupreme Court of Minnesota · 1903
- Salemonson v. ThompsonNorth Dakota Supreme Court · 1904
- Pitts v. OliverSouth Dakota Supreme Court · 1900
- Commerce Bank of Lebanon v. Halladale A Corp.Missouri Court of Appeals · 1981