Brady v. Shirley
South Dakota Supreme Court
Appeal from circuit court, Fall River county; Hon. Levi McGee, Judge. Action by George W. Brady against Samuel Shirley and another. Judgment for defendants. Plaintiff appeals. The resemblance of a colt to its alleged sire and dam is too much a matter of fancy to be competent as evidence, and those decisions which regard the matter of resemblance as proper prooí, none hold that such resemblance can be shown by opinion evidence.
Read the full summary
Appeal from circuit court, Fall River county; Hon. Levi McGee, Judge. Action by George W. Brady against Samuel Shirley and another. Judgment for defendants. Plaintiff appeals. The resemblance of a colt to its alleged sire and dam is too much a matter of fancy to be competent as evidence, and those decisions which regard the matter of resemblance as proper prooí, none hold that such resemblance can be shown by opinion evidence. Keniston v. Bowe, 16 Maine 38; Jones v. Jones, 45 Maryland 144; Eddy v. Gray, 4 Allen 435; Shorten v. Judd, 56 Kansas 43, 42 Pac. 337; Com. v. Webster, 5 Cush. 295.…
1Opinion of the CourtCorson, P. J.
This case was before us on a former appeal, and was reversed for the reasons stated in the opinion, -which is reported in 14 S. D. 394, 85 N. W. 1002. The action is one in claim and delivery to recover the possession of a young bay horse claimed by the plaintiff, and which is also claimed by the defendants. The identity of the horse was the only question in issue. The plaintiff claimed that he owned the dam and sire of the colt when the colt was foaled; that the dam was a flea-bitten colored gray mare, and the sire a *610half-grade Norman stallion, and that the colt was foaled in May, 1894. The…
2Cases cited6 opinions
- Sydleman v. BeckwithSupreme Court of Connecticut · 1875
- State Ex Rel. Stubblefield v. WoodruffSupreme Court of North Carolina · 1872
- Clark v. BradstreetSupreme Judicial Court of Maine · 1888
- Brady v. ShirleySouth Dakota Supreme Court · 1901
- Hare v. . Board of EducationSupreme Court of North Carolina · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Sanborn v. Farmers Union Elevator Co.South Dakota Supreme Court · 1941