Minnesota Thresher Manufacturing Co. v. Schaack

Citations

• 10 S.D. 511
• 74 N.W. 445
• 1898 S.D. LEXIS 29

Syllabus

<p>1. Where there is an appeal from an order striking out certain parts of the answer as irrelevant the abstract of record need not contain the remaining defenses, since Comp. Laws, ? 4915, makes each defense complete in itself.</p> <p>2. In an action to set aside a sale as in fraud of plaintiff, á judgment crédito!’, the defendant cannot impeach a judgment rendered in a court of competent jurisdiction in favor of plaintiff and against her husband, the vendor, by setting up matters which might have constituted a defense to that action, and which were or might have been tried therein, unless fraud or collusion in obtaining such judgment is shown.-</p>