McLaughlin v. Alexander

Citations

• 2 S.D. 226
• 49 N.W. 99
• 1891 S.D. LEXIS 22

Syllabus

<p>1. Judgments in this state are subject to levy and sale on excution.</p> <p>2. Before a judgment can be appropriated and assigned under an execution, as provided by Section 5123, Comp. Laws, a valid levy on the judgment must first be made.</p> <p>3. Serving- a copy of the execution, with the usual notice, upon the attorney of the judgment debtor, attorney of the execution debtor, and the justice of the peace who rendered the judgment, the judgment debtor being a non-resident of the state, does not constitute a valid levy on the judgment.</p> <p>4. The question as to the proper manner of levying on a judgment under an execution in this state not decided.</p> <p>5. A clear and explicit admission in one defense, in an answer of allegations in a complaint, denied in another defense in the same answer, when not unavoidably made for the purpose of presenting the defense in which the admission is made, is available to the plaintiff, and relieves him from the necessity of proving the allegations in his complaint so admitted in the answer.</p> <p>(Syllabus by the Court.</p>