Dennett v. Reisdorfer

Citations

• 15 S.D. 466
• 90 N.W. 138
• 1902 S.D. LEXIS 36

Syllabus

<p>1. Under the statute prohibiting an attorney from being a surety on any ^undertaking in any suit or proceeding, an attorney is not liable as surety on an injunetional undertaking.</p> <p>2. Where, in an action against the sureties on an injunetional undertaking to recover damages sustained by plaintiff by reason of being kept out of the possession of his property, the rental value of the property was shown by the undisputed testimony of competent witnesses, the admission in evidence of proceedings before a referee, had without notice to defendants, for the purpose of ascertaining the amount of damages, was not prejudicial.</p> <p>3. Under Comp. Laws, § 4650, authorizing the granting of an injunction to stay a pending judicial proceeding when necessary “to prevent a multiplicity of such proceedings,” where an injunction restrains an owner of property from interfering with the possession of another pending an appeal to the supreme court such owner cannot obtain possession of the premises by virtue of a judgment of ouster obtained in justice’s court pending such appeal.</p>