Howell v. Dinneen

Citations

• 16 S.D. 618
• 94 N.W. 698
• 1903 S.D. LEXIS 134

Syllabus

<p>1. Comp. Laws 1887, § 5651, declares that the proceedings of county courts are construed in the same manner as the proceedings of courts of general jurisdiction, and that to its records, orders, judgments, and decrees are accorded like force as to those of circuit .courts. Sections 5758 to 5762 authorize the county court to remove executors and administrators. By orders of a county court, an administratrix was removed, and directed to turn over to her co-administrator all the property of the estate in her possession, No appeal was taken from this order. Held, that a temporary injunction restraining the' co-administrator from taking possession of the property in obedience to the order removing the administratrix was properly dissolved.</p> <p>2. Under Comp. Laws 1887, § 4991, providing that, if an injunction be granted by a judge without notice, the defendant may apply, upon notice, to vacate or modify the same, and that the application may be made upon the complaint and the affidavits on which the injunction was granted, or upon affidavits upon the part of the defendant, with or without the same, a motion to dissolve a temporary injunction, stating that, upon defendant’s answer, an affidavit of another party, and also upon all the papers, records, and flies of the county court referred to in the answer, the defendant would move to dissolve the temporary injunction, sufficiently stated the grounds of the motion.</p> <p>3. Under Comp. Laws 1887, § 4991, an application to dissolve a temporary injunction, made upon affidavits, answer, and certain findings and orders of the county court referred to in the answer, was not defective because not containing a copy of the findings and orders referred to, where all of such findings and orders were made in proceedings in which the parties to the injunction suit were parties, and were of record in the same county, and in the custody of the clerk of the court in which the injunction suit was instituted.</p>