Benedict v. Ralya

Citations

• 1 S.D. 167
• 46 N.W. 188
• 1890 S.D. LEXIS 25

Syllabus

<p>1. Section 4828, Comp. Laws, providing- that the district courts'are always open for the purposes therein declared, is not repugnant to the state constitution, and therefore not repealed by it, but is in full force as the law of the state, and applies to the circuit courts of the state, as the successors of the district courts of the territory.</p> <p>2. Under the provisions of said Section 4828, the circuit court in Brookings county may properly hear and determine a motion for the discharge of a warrant of attachment in a case pending in Clark county; both coun•ties being situated in the same judicial circuit.</p> <p>3. In this case the proofs held not sufficient to justify the continuance of the warrant of attachment, and that the same was properly discharged.</p> <p>(Syllabus by the Court.</p>