Pierie v. Berg

Citations

• 7 S.D. 578
• 64 N.W. 1130
• 1895 S.D. LEXIS 122

Syllabus

<p>1. Section 5325 of the Compiled Laws, as amended by chapter 70, Laws 1893, authorizes a court or judge to prescribe, by order to show cause, a shorter time than six days between the notice and hearing of a motion to vacate an attachment.</p> <p>2. It is not error to deny an application for an order based upon subdivision 5 of section 5324 of the Compiled Laws, compelling persons to attend before a referee appointed for that purpose, and make affidavits to be used in resisting a motion to discharge an attachment, where it neither appears that such persons have refused to make affidavits, nor that they possess any knowledge of material facts.</p> <p>3. The facts set out in the affidavit for an attachment being practically unsupported, and specifically denied by the attachment debtors, the proof before the court was sufficient to justify an order vacating the attachment.</p> <p>4. The refusal of the court to grant appellants further time in which to procure affidavits in support of the attachment, though not in harmony with the usual and better practice, is held, under the circumstances of this case, not sufficient to require a reversal.</p> <p>(Syllabus by the Court.</p>