Carlberg v. Fields
South Dakota Supreme Court
Appeal from .Circuit Court, -Corson County. Hon. Cray Carprntrr, Judge. Action by Albert P>. Carlsberg against A. L,. Fields and another, to recover for damages by trespassing animals. From a judgment for .plaintiff, and from an order denying a new trial, defendants apppeal.
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Appeal from .Circuit Court, -Corson County. Hon. Cray Carprntrr, Judge. Action by Albert P>. Carlsberg against A. L,. Fields and another, to recover for damages by trespassing animals. From a judgment for .plaintiff, and from an order denying a new trial, defendants apppeal. There was no evidence to show that the plaintiff had a right of possession, or was in the lawful possession of the lauds in controversy; that the flax alleged -to have been destroyed was grown upon the lands that were located in the fenced pasture of the defendants, and of which the defendants had possession and control…
1Opinion of the CourtPorrey, J.
This is the third time this case has been before ■this court for consideration. The first appeal was taken on the 17th of July, 1912. This appeal was from the judgment alone, •and was dismissed on the 12th day of November, 1912, for the inexcusable negligence of the appellants. Prior to the taking of the appeal, appellants had given notice of intention to move for a new trial. This motion was brought on arid denied by order of the trial court, on the 18th of December, 1912, and on the 31st clay of December, 1912, appellants appealed from the judgment and order overruling theh motion for a new…
2Cases cited6 opinions
- Schmeer v. SchmeerOregon Supreme Court · 1888
- Brill v. MeekSupreme Court of Missouri · 1855
- Westphal v. NelsonSouth Dakota Supreme Court · 1910
- Collins v. Gladiator Consolidated Gold Mining & Milling Co.South Dakota Supreme Court · 1905
- Carlberg v. FieldSouth Dakota Supreme Court · 1913
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3Cited by5 opinions
- Nashville Railway & Light Co. v. HarrisonCourt of Appeals of Tennessee · 1927
- Keyes v. BaskervilleSouth Dakota Supreme Court · 1919
- O'Neal v. Diamond a Cattle Co.South Dakota Supreme Court · 1935
- Barrett v. WhitmoreWyoming Supreme Court · 1922
- Agricultural Credit Corp. v. PetersonSouth Dakota Supreme Court · 1932