Lyle v. Barnes
South Dakota Supreme Court
Appeal from Circuit Court, McPherson County. Hon. Joseph H. Bottom, Judge. Action by W. H. Lyle against Samuel Barnes, in claim and delivery for cattle. From a judgment for plaintiff, defendant appeals. Defendant was not in possession of the property in dispute, either actually or constructively, .at the time this suit was commenced, on May 13,. 1911, and had not been for at least -two. days prior to that time.
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Appeal from Circuit Court, McPherson County. Hon. Joseph H. Bottom, Judge. Action by W. H. Lyle against Samuel Barnes, in claim and delivery for cattle. From a judgment for plaintiff, defendant appeals. Defendant was not in possession of the property in dispute, either actually or constructively, .at the time this suit was commenced, on May 13,. 1911, and had not been for at least -two. days prior to that time. It is further clear that plaintiff knew at the time he commenced the suit that the property involved was not in defendant’s possession or under his control. It is clear also that there…
1Opinion of the CourtWhiting, J.
This is an appeal by the defendant from a judgment in favor of the plaintiff. The action was one in replevin to recover the possession of three two year old heifers which the plaintiff claimed to own and which he alleged were wrongfully detained by the defendant at the time of the commencement of the action. The case was tried by the court with a jury and a verdict returned in favor of the plaintiff. At the close of plaintiff’s evidence the defendant moved for the direction of a verdict in his favor, which motion was denied by the court, and to which ruling the defendant excepted. This motion…
Also in this document: Dissent.
2Cases cited12 opinions
- Gade v. CollinsSouth Dakota Supreme Court · 1896
- Hawkins v. HubbardSouth Dakota Supreme Court · 1892
- Barnard & Leas Manuf'g Co. v. GallowaySouth Dakota Supreme Court · 1894
- Parrish v. MahanySouth Dakota Supreme Court · 1897
- Stephens v. FausSouth Dakota Supreme Court · 1906
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Federal Land Bank of Omaha v. HouckSouth Dakota Supreme Court · 1942
- Keyes v. BaskervilleSouth Dakota Supreme Court · 1919
- Wolff v. StengerSouth Dakota Supreme Court · 1931
- Warwick v. BlissSouth Dakota Supreme Court · 1922
- Meylink v. Minnehaha Co-Operative Oil Co.South Dakota Supreme Court · 1938
4 more not listed; retrieve them via the Exa API.