Reports of Cases Decided in the Supreme Court of the State of South Dakota, Volume 21

Capa
Carter Publishing Company, 1908
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Página 453 - ... if, being insolvent, he has, within four months before the filing of the petition, or after the filing of the petition and before the adjudication* procured or suffered a judgment to be entered against himself in favor of any person, or made a transfer of any of his property, and the effect of the enforcement of such judgment or transfer will be to enable any one of his creditors to obtain a greater percentage of his debt than any other of such creditors of the same class.
Página 453 - If a bankrupt shall have given a preference, and the person receiving it, or to be benefitted thereby, or his agent acting therein, shall have had reasonable cause to believe that it was intended thereby to give a preference, it shall be voidable by the trustee, and he may recover the property or its value from such person.
Página 368 - The Plaintiff may unite in the same complaint several causes of action, whether they be such as have been heretofore denominated legal or equitable, or both, where they all arise out of : First. The same transaction or transactions connected with the same subject of action ; or Second.
Página 415 - No corporation shall issue stocks or bonds except for money, labor done, or money or property actually received, and all fictitious increase of stock or indebtedness shall be void.
Página 98 - Every office shall become vacant, on the happening of either of the following events, before the expiration of the term of such office : 1. The death of the incumbent ; 2. His resignation; 3. His removal from office; 4.
Página 125 - When a public offense is committed in part in one county and in part in another, or the acts or effects thereof constituting or requisite to the consummation of the offense occur in two or more counties, the jurisdiction is in either county.
Página 232 - The capital stock of an incorporated company is a fund set apart for the payment of its debts. It is a substitute for the personal liability which subsists in private copartnerships. When debts are incurred, a contract arises with the creditors that it shall not be withdrawn or applied, otherwise than upon their demands, until such demands are satisfied.
Página 112 - A contract in writing may be altered by a contract in writing, or by an executed oral agreement, and not otherwise.
Página 137 - Where a court has Jurisdiction, It has a right to decide every question which occurs In the cause, and, whether Its decision be correct or otherwise, Its Judgment, until reversed, Is regarded as binding In every other court But, If It act without authority, Its Judgments and orders are regarded as nullities. They are not voidable, but simply void, and form no bar to a recovery sought, even prior to a reversal, in opposition to them.
Página 163 - ... is contemporaneous with the guaranty, or if the receipt from him of a valuable consideration, however small, is acknowledged in the guaranty, the mutual assent is proved, and the delivery of the guaranty to him or for his use completes the contract. But if the guaranty is signed by the guarantor without any previous request of the other party, and in his absence, for no consideration moving between them except future advances to be made to the principal debtor, the guaranty is in legal effect...

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