Callan v. Sether
South Dakota Supreme Court
Appeal from Circuit Court, Stanley County.- Hon. Hyman T. Bo-ucher, Judge'. ■ . « • Action by Dennis Gallan .'against William Seth-er for rec’o-very of cattle taken for' alleged trespass, and for damages for detention and misuse of the cattle. Defendant justified as, and counterclaimed for fees 'as,- poundmastér, and for dam'ages to the owner resulting' from the. trespass.. From a judgment for defendant, plaintiff appeals.
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Appeal from Circuit Court, Stanley County.- Hon. Hyman T. Bo-ucher, Judge'. ■ . « • Action by Dennis Gallan .'against William Seth-er for rec’o-very of cattle taken for' alleged trespass, and for damages for detention and misuse of the cattle. Defendant justified as, and counterclaimed for fees 'as,- poundmastér, and for dam'ages to the owner resulting' from the. trespass.. From a judgment for defendant, plaintiff appeals. These cattle were taken possession of by defendant, and held by him for the purpose of securing for Fberh'ard alleged damages for an alleged, trespass committed by these…
1Opinion of the CourtPolley, J.
During the month of April, 1909, the plaintiff leased from one Henry Eberhard the N. W. % of seotipn 10, in Ash Creek township, in Stanley county, belonging to said Eberhard, and also the guarter section adjoining this -on the north, known as • the Leach land. The lease was verbal, but the consideration was paid in advance. .Plaintiff was to use the land for grazing or for cutting hay, or any -other use.to which he wished to put it. Eberhard reserved for himself a small piece of garden land, or “truck patch,” as he called it, but agreed with plaintiff, at the time -of making the lease, that…
2Cases cited4 opinions
- Harriman v. FifieldSupreme Court of Vermont · 1863
- Warring v. CrippsWisconsin Supreme Court · 1868
- Holden v. TorreySupreme Court of Vermont · 1859
- McKeen v. ConverseSupreme Court of New Hampshire · 1894
3Cited by1 opinion
- Janish v. MurthaSouth Dakota Supreme Court · 1979