253 N.W. 490
File No. 7533.Supreme Court of South Dakota.
Opinion filed March 6, 1934.
Appeal and Error.
Upon affirmance of judgment adjudging that liability on first mortgage was extinguished when owner of first and second mortgages bought property on foreclosure of second mortgage, question whether attachment, issued in suit for indebtedness, secured by first mortgage, was properly dissolved became moot and was not reviewable.
Appeal from Circuit Court, Brule County; HON. R.C. BAKEWELL, Judge.
Suit by Rosa B. Wright, as executrix of the will of J.H. Wright, deceased, against John Q. Anderson and wife. From an adverse order, plaintiff appeals. Appeal dismissed.
C.E. Noel, of Highmore, for Appellant.
Stover Jaynes, of Watertown, for Respondent.
PER CURIAM.
This is an appeal from an order dissolving attachment and is ancillary to the case of Wright, Executrix, v. Anderson, No. 7599, 62 S.D. 444, 253 N.W. 484, this day decided. The opinion in appeal No. 7599 recites the facts fully. Judgment adverse to the plaintiff having been affirmed in appeal No. 7599, the question presented in the present appeal, to wit, whether or not the court erred in dissolving plaintiff’s attachment, becomes entirely moot, and this appeal is therefore dismissed.
All the Judges concur.
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