15 S.D. 118 | S.D. | 1901
This appeal is from an order sustaining a demurrer to the complaint in an action by the trustee of a bankrupt estate to nullify certain attachments, liens, and judgments, and to recover, either the value of or the property seized and sold thereunder, by numerous creditors, within four months prior to the filing of a petition in bankruptcy. It is alleged in substance .that on the 17th day of August, 1898, Matous Novotny, then and long prior thereto an insolvent retail merchant, fraudulently, without consid
The complaint is not only subject to the objection that several causes of action have been impropely united, but to the objection that there is a misjoinder of parties defendant. Johnson v. Kirby, 65 Cal. 482, 4 Pac. 458; Riggs v. Bell, 39 La. Ann. 1030, 3 South 183; Lovelace v. Doran & Wright Co. (Sup.) 15 N. Y. Supp. 279; Cook v. Horwitz, 10 Hun. 586; Nichols v. Drew, 94 N. Y. 22; Alger v. Scoville, 6 How. Prac. 131. In addition to the property seized and sold in satisfaction of final judgments obtained by numerous attaching creditors, plaintiff seeks to recover property or its proceeds, which was, by a court of competent jurisdiction, adjudged in several different suits to actually belong to certain of the defendants, and there is not the slightest connection between any of the transactions out of which the causes of action alleged in the complaint arose. Whether the complaint states facts sufficient to constitute a cause of action, or whether one circuit court has juris
The order appealed from, sustaining the demurrer is affirmed.