Lindskog v. Schouweiler

Citations

• 12 S.D. 176
• 80 N.W. 190
• 1899 S.D. LEXIS 101

Syllabus

<p>1. A judgment creditor, by the levy of an execution on a debt duo to Ms debtor, acquires the right to have the debt applied to the judgment, and the person who owes it becomes a trustee for the amount, and, if he deposit it with another with notice that it has been so levied on, the latter will hold it for the judgment creditor’s benefit.</p> <p>2. Where in an action for money received, the complaint clearly shows that defendant received it for the benefit of plaintiff, an allegation that ho wrongfully and unlawfully converted it to his use does not change the action to one exdeliolo, but it may be treated as surplusage.</p> <p>3. Under Comp. Laws, G136, providing that, on appeal from a justice’s court, the circuit court may set aside, affirm, or modify the judgment, it is error for the court, after affirming a judgment appealed from, to enter an original judgment that plaintiff recover of defendant the amount with interest.</p> <p>4. Where it does not appear that a motion was made to modify a judgment in the court below, the question cannot be raised on appeal.</p>