Pech Manuf'g Co. v. Groves

Citations

• 6 S.D. 504
• 62 N.W. 109
• 1895 S.D. LEXIS 144

Syllabus

<p>1. An order denying a motion to vacate an attachment issued on the ground that defendant is not a resident of this state will not be dissolved when it is indisputably shown that he is, and for several months has been, employed in another state, that he has no dwelling place within the state where summons can be served by leaving the same, in compliance with section 4898 of the Compiled Laws, and when the evidence is to some extent comflicting as to whether or not he intends at any further time to return to this state.</p> <p>2. That real property of a nonresident debtor has been attached concurently with proceedings to foreclose, by advertisement, a chattel mortgage given to secure the amount claimed to be due, is no ground for the dissolution of such attachment.</p> <p>8. An action may be maintained in this state, by a foreign corporation, to enforce the collection of a debt, although it does not affirmatively appear that such corporation has filed in the office of the secretary of state a copy of its charter or articles of incorporation, nor appointed a resident agent, upon whom process may be served.</p> <p>4. That a portion of the property seized under an attachment is exempt, under the homestead laws, affords no ground for vacating and setting aside the attachment.</p> <p>(Syllabus by the court.</p>