168 N.W. 854 | S.D. | 1918
Application of Hannah Anderson fo-r writ of peremptory- mandamus to 'compel the Hon. W. N. Skinner, as judge of the circuit -court otf the Third judicial -circuit, to -cancel and vacate a certain order made by him a-s such judge on the 26th day of July, 1918.
It appears from the showing- made that on th-e 21st day of September, 1917, the -circuit court -of Clark -coun-ty rendered and entered a judgment in- a mandamus proceeding /adjudging and1 requiring the sheriff -of Hamlin -county to set -aside and -deliver to said Hannah Anderson certain personal property .o.wn-ed ¡by her husband and -olaime'dl by her .'bo be exempt from execution for the debts of her husband; that appeal from said Judgment of the -circuit court by said) sheriff was taken- thereafter to the Supreme Court, wherein the said judgment of the -circuit court was affirmed/ 'with costs- in favor oif the respondent Hannah Anderson; that after the remittitur from the Supreme -Court hadl been sent .d-ow-n and1 filed -in the circuit -court of Clark county, the appellant, said sheriff, -moved
Peremptory writ of mandamus may be issued, requiring the defendant to -can-cel -and vacate the said -order made and filed in the circuit court -on the 26th day of July, 19-18.