Western Twine Co. v. Scott

Citations

• 11 S.D. 27
• 75 N.W. 273
• 1898 S.D. LEXIS 66

Syllabus

<p>1. In an action under Comp. Laws, § 5014, on a debt not due, incurred for property obtained under false pretenses, the complaint must allege that the debt was so incurred, it not being sufficient that such allegation is contained merely in an affidavit in attachment filed in the same suit, and referred to in the complaint.</p> <p>2. Attachment proceedings, showing that a debt was incurred for property obtained under false pretenses, are not admissible as evidence under a complaint on an unmatured debt, brought under Comp. Laws, l 5014, where the complaint fails to allege such fact.</p>