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CREDIT MANAGEMENT SERVICE v. WENDBOURNE

No. 9545.

72 N.W.2d 926 (1955)

CREDIT MANAGEMENT SERVICE, Inc., Plaintiff and Respondent, v. George Dewey WENDBOURNE, Defendant, and Joe's Laundry, Garnishee Defendant and Appellant.

Supreme Court of South Dakota.

November 14, 1955.

Attorney(s) appearing for the Case

John Carl Mundt, Sioux Falls, for appellant.

Gene E. Pruitt, Sioux Falls, for respondent.

RUDOLPH, Presiding Judge.

This is an appeal from an order of the Municipal Court of Sioux Falls refusing to permit the garnishee defendant to serve and file an affidavit denying liability, after the statutory time for serving and filing such affidavit had expired. The garnishee defendant has appealed.

Respondent has moved to dismiss the appeal for the reason that the order appealed from is an intermediate order and appellant did not petition for an allowance...

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