Winton v. Knott

Citations

• 7 S.D. 179
• 63 N.W. 783
• 1895 S.D. LEXIS 56

Syllabus

<p>1. In an action in which the defendant might have been arrested under section 4945, Comp. Laws, execution may issue “against the person of the judgment debtor.” Comp. Laws, \\ 5115.</p> <p>2. If, in such action,, the judgment is against the plaintiff for costs, he becomes the “judgment debtor,” and is subject to “execution against the person.”</p> <p>8. Where the action was originally commenced in justice court, where the plaintiff recovered judgment, the defendant appealed, and the action was tried anew in the county court, the judgment there rendered is the judgment of the county court, and “may be enforced in the same manner as'judgments in actions commenced therein.” Comp. Laws, ? - 6136.</p> <p>4, In such case execution may issue against the person of the judgment debtor.</p> <p>(S¿ llabus by the Court,</p>