King v. McClurg

Citations

• 7 S.D. 67
• 63 N.W. 219
• 1895 S.D. LEXIS 32

Syllabus

<p>1. A circuit court may ordinarily exercise the judicial powers conferred by statute upon its judge.</p> <p>2. Since the adoption of section 4828, Comp. Laws, a circuit judge, when exercising judicial powers within his circuit conferred upon him as judge, may exercise such powers in the name of the court, and as the act of the court.</p> <p>3. And this applies to the powers conferred upon circuit judges by section 4675, Comp. Laws; and the powers conferred upon the judge by that section may be exercised by the court, and in the name of the court.</p> <p>4. An order removing an assignee under the provisions of section 4675, Comp. Laws, made without a formal notice that application would he made therefor, when such assignee and his counsel are present in court in pursuance of notice of a motion that the assignee render his account, report Ms proceedings, file a report of the condition of the estate, and make distribution of the proceeds in his hands, though it may be irregular, will not be reversed, when the assignee’s report and admissions ip open court show gross irregularities in the management of tho estate, and neither he nor his counsel object to the making’ of the order, or request further time, and the assignee informs the court at the time the order is made that he has no objection to being removed.</p> <p>(Syllabus by the Court.</p>