CITY OF STURGIS v. WALKER

No. 9968.

116 N.W.2d 803 (1962)

CITY OF STURGIS, a municipal corporation, Plaintiff and Respondent, v. Harold J. WALKER, Administrator for the Estate of Rudolph Eickhoff, Deceased, Defendant and Appellant.

Supreme Court of South Dakota.

September 11, 1962.


Attorney(s) appearing for the Case

George P. Hurst and Tom Eastman, Jr., Rapid City, for defendant and appellant.

David E. Morrill, Sturgis, for plaintiff and respondent.


SMITH, Judge.

This is an appeal from an order which overruled a motion to dissolve a levy on described real property made pursuant to a Warrant of Attachment. The theory of appellant is that the attachment and levy abated by reason of the death of the defendant after the action was commenced, and before service of the summons was made on the above named Rudolph Eickhoff.

It is provided by SDC 1960 Supp. 33.0735 that "There shall be attached to the transcript...

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