Greeley v. Winsor

Citations

• 1 S.D. 618
• 48 N.W. 214
• 1891 S.D. LEXIS 66

Syllabus

<p>1. In a former opinion in this case, 1 S. D. 117, (45 N. W. Rep. 325) it was ' held that a chattel mortgage which, by its terms, permitted the mortgagor to sell the mortgaged property for his own benefit, is presumptively fraudulent as to creditors of the mortgagor, and that such a mortgage, containing the power of sale as to stock of goods, hut not as to furniture and fixtures, is presumptively invalid as to both; and this opinion is adhered to.</p> <p>2. Held, further, that the act of the territorial legislature of 1887 authorizizing an independent appeal from an order of the district court sustaining or overruling a demurrer is not in conflict with Section 1869 of the organic act, which provides that “writs of error, bills of exceptions, and appeals shall bo allowed in all cases from the final decisions of the district courts to the supreme court of all the territories, respectively, under such regulations as may be prescribed by law.’</p> <p>3. Such section is not the source of the general appellate' power of the supreme court., and is not intended to limit its jurisdiction to cases therein named, but does qualify the preceding section 1886, which declares that such appellate jurisdiction “shall be limited by. law,” so that no law shall so limit or prescribe its jurisdiction as not to allow ■writs of error, bills of exceptions, and appeals in all cases from the final decisions of the district courts.</p> <p>(Syllabus by the court.</p>