Citizens' Bank v. Corkings

Citations

• 10 S.D. 98
• 72 N.W. 99
• 1897 S.D. LEXIS 29

Syllabus

<p>binder Comp. Laws, §§ 4993, 4995, providing what an affidavit to an attachment shall contain, and §§ 4893, 4894, prescribing what shall be inserted in the summons, the failure of plaintiff to show in its summons or affidavit that it was a corporation, constituted no ground for a discharge of the attachment, as it is not required to bo so stated; and where it appears that it was shown not only by the allegations in plaintiff’s complaint but by a duly-certified copy of plaintiff’s articles of incorporation that plaintiff was a corporation, there was a legal and proper plaintiff in fact at the time the summons and warrant were issued, and the attachment was valid. FumKR, J., dissenting.</p>