Noyes v. Belding
South Dakota Supreme Court
Appeal from circuit court, Lawrence county. Hon. Charles M. Thomas, Judge. Action against the defendant as sheriff and others to recover damages alleged to have sustained by reason of an alleged unauthorized release of certain property held by him under an execution. Defendants had judgment, plaintiffs appeal. A claim of exemption must be made within a reasonable time or the right is waived.
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Appeal from circuit court, Lawrence county. Hon. Charles M. Thomas, Judge. Action against the defendant as sheriff and others to recover damages alleged to have sustained by reason of an alleged unauthorized release of certain property held by him under an execution. Defendants had judgment, plaintiffs appeal. A claim of exemption must be made within a reasonable time or the right is waived. Stewart’s Appeal, 10 Atl. 833; Thompson Home. & Bxemp. § 820. If the debtor is present at time of levy and does not claim his exemptions, he waives his right. Angelí v. Johnson, 2 N. W. 435; Moffett v.…
1Opinion of the CourtFuller, J.
On the 23rd day of September, 1881, Charles H. Knowles and Austin C. Marshman, co-partners as Knowles & Marshman, conveyed to William G. Knowles their stock of drugs and fixtures, with the fraudulent intent to hinder and delay their creditors. Four days thereafter, plaintiffs in this action brought suit against this firm to recover money due on account, and caused an attachment to issue, by virtue of which the property above mentioned was levied upon by the sheriff of Lawrence county, and taken into his possession. The value of the property so taken, according to the sheriff’s inventory…
2Cases cited23 opinions
- Clifton v. United StatesSupreme Court of the United States · 1846
- Stewart v. . BrownNew York Court of Appeals · 1867
- Shain v. ForbesCalifornia Supreme Court · 1890
- Georgia Pacific Railway Co. v. StricklandSupreme Court of Georgia · 1888
- State ex rel. Fulkerson v. EmmersonSupreme Court of Missouri · 1881
18 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Wooddy v. Benton Water Co.Washington Supreme Court · 1909
- Best v. OffieldWashington Supreme Court · 1910
- Adams v. BarberMissouri Court of Appeals · 1911
- Fischer v. HillmanWashington Supreme Court · 1912
- First International Bank v. LeeNorth Dakota Supreme Court · 1913
13 more not listed; retrieve them via the Exa API.