Bowman v. Knott
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Jos. W. Jones, Judge. Action in conversion. Defendant had judgment, and plaintiff appeals. The facts are stated in the opinion. The regulations of the statute for the seizure and sale of personal property should be lawfully and strictly complied with. Carrier v. Esabough, 70 Pa. St. 239; Pierce v. Benjamin, 14 Pick. 356; Pennington v. Lorring, 7 Mass, 388; Sutton v. Beach, 2 Vt. 42; Russell y.
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Appeal from circuit court, Minnehaha county. Hon. Jos. W. Jones, Judge. Action in conversion. Defendant had judgment, and plaintiff appeals. The facts are stated in the opinion. The regulations of the statute for the seizure and sale of personal property should be lawfully and strictly complied with. Carrier v. Esabough, 70 Pa. St. 239; Pierce v. Benjamin, 14 Pick. 356; Pennington v. Lorring, 7 Mass, 388; Sutton v. Beach, 2 Vt. 42; Russell y. Dwyer, 40 N. H. 184; Griswold v. Sundback, 4 S. D. 441, 57 N. W. 339.
1Opinion of the CourtFullee, J.
This action in conversion is by a judgment debtor against a sheriff, to recover $57.60, the alleged value of certain personal property seized and sold under an execution issued by a justice of the peace, and directed to said officer. There was a judgment for defendant, and plaintiff appeals. Respondent filed no brief, and the only question presented by appellant is the sufficiency of the notice of sale, which was published in a weekly newspaper once a week for two consecutive weeks, as follows: October 12 and October 19, 1894; and said notice specified that the sale would take place on the…
2Cases cited1 opinion
- Griswold v. SundbackSouth Dakota Supreme Court · 1894
3Cited by1 opinion
- Fodness v. JuelfsSouth Dakota Supreme Court · 1900