Noyes v. Belding

Citations

• 6 S.D. 629
• 62 N.W. 953
• 1895 S.D. LEXIS 155

Syllabus

<p>1. The purpose and end of a judicial decision is the settlement of some question in dispute, and, so far as such question is submitted and decided, the judgment is conclusive upon the parties and their privies. It is final as to the claim or demand in controversy, not only as to every matter which was offered and received to sustain or defeat the claim, but as to every other admissible matter which might have been offered for that purpose; but, where the second action between the same parties is upon a different claim or demand, the judgment in the prior action operates as an esstoppel only as to those matters in issue or points controverted upon the determination of which the finding or verdict upon which such judgment rests was rendered^</p> <p>2. K. & M., partners, made a sale in form of certain property to one \\K. On an execution against K. & M. the sheriff levied upon such property. K., the alleged purchaser, sued the sheriff, who deiended on the ground that the pretended sale was without consideration, made with intent to defraud creditors, was not followed by change of possession, and was void as to creditors. The trial court so found, and rendered judgment for defendant sheriff. The wives of the said judgment debtors then proceeded under the statute (section 5133, Comp. Laws) to claim such property as exempt, and such proceedings thereon were had that the sheriff turned the same over as exempt. In an action by the judgment creditors against the sheriff for turning over such property, held, that the judgment in the former action of K. against the sheriff was not conclusive as against the claim of the wives that such property ■was not exempt, there being nothing in the record to show or suggest that the question of the exempt character of the property w,as presented to or passed upon by the court.</p> <p>(Syllabus by the Court.</p>