Holdridge v. Lee
South Dakota Supreme Court
Appeal from circuit court, Lake county. Hon. Frank R. Ax kens, Judge. Action against sheriff for conversion.' Defendant answered, justifying under an execution. Judgment for plaintiff. Defendant appeals. The facts are fully stated in the opinion. A demand must be made when a party has lawfully come into possession of personal property before an action of trover or conversion will lie.
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Appeal from circuit court, Lake county. Hon. Frank R. Ax kens, Judge. Action against sheriff for conversion.' Defendant answered, justifying under an execution. Judgment for plaintiff. Defendant appeals. The facts are fully stated in the opinion. A demand must be made when a party has lawfully come into possession of personal property before an action of trover or conversion will lie. Tripp v. Pulvei’, 2 Hun, 511; Morris v. Bills, Wright, 343; Chapin v. Siger, 4 McLean, 378; Metcalf v. McLaughlin, 122 Mass. 87; Pitlock v. Wells, 109 Mass. 452. In an action for trover or conversion evidence of…
1Opinion of the CourtKellam, P. J.
Plaintiff and respondent claimed to be the owner and in possession of two certain horses, which defendant and appellant, as sheriff, seized under execution against respondent. They were claimed by appellant as exempt, and steps were taken by him to establish such claim under the statute, and it is not contended but that the provisions of such statute were sufficiently followed. The plaintiff recovered judgment, and the defendant appeals. At the opening of the trial defendant objected to the introduction of any evidence by the plaintiff, because the facts stated in the complaint did not…
2Cases cited1 opinion
- Rudolph v. LaneIndiana Supreme Court · 1877
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- Ecker v. LindskogSouth Dakota Supreme Court · 1900
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