Bedford v. Kissick

Citations

• 8 S.D. 586
• 67 N.W. 609
• 1896 S.D. LEXIS 72

Syllabus

<p>1. Where an appeal is from the order denying a motion for a new trial, the record need not show a judgment.</p> <p>2. The abstract on appeal need not contain the evidence in full, by question and answer, as it is set out in the bill of exceptions.</p> <p>3. A garnishment is ineffectual where it does not appear that anything is due the'judgment defendant at the time the garnishment is served.</p> <p>4. Comp. Laws, Part 2, Chap. 13, § 5124, provides that after the rendition of a judgment, any person indebted to defendant in execution may pay to the “sheriff” the amount of such indebtedness, or so much as is necessary to satisfy the execution, and the sheriff’s receipt shall he a sufficient discharge therefor. Sec. 6117 makes the provisions of Part 2, Chap. 13, relating to the levy and sale or delivery of personal property so far as the same are applicable, apply to executions issued by a justice of the peace. Held, that Sec. 5124 applies to payments made to a constable on an execution issued by a justice of the peace.</p> <p>5. Where an execution defendant tells his debtor to pay the amount due him to an officer, and he does so, such defendant is estopped from after-wards claiming the money so paid.</p>