State v. Cassidy
South Dakota Supreme Court
. Error to circuit court, Deuel county. Hon. J. O. Andrews, Judge. Defendant was convicted of unlawfully taking personal property from the custody of an officer, and brings error. An execution is not good unless it run in the name of the State of South Dakota. Art. 5, § 38, Const.
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. Error to circuit court, Deuel county. Hon. J. O. Andrews, Judge. Defendant was convicted of unlawfully taking personal property from the custody of an officer, and brings error. An execution is not good unless it run in the name of the State of South Dakota. Art. 5, § 38, Const. S. D.; Gelbreath v. Kingkendale, 1 Ark. 50; German v. Steed, 1 W. Va. 1; Beach v. Riley, 14 W. Va. 55; Yager v. Graves, 78 Ky. 278. A levy on personal property must be regular in all respects to make it valid. 7 Am. & Eng. Enc. Law, 148; Beekman. v. Lansing, 20 Am. Dec. 707; Westervelt v. Pinckney, 28 Id. 516;…
1Opinion of the CourtCorson, J.
The plaintiff in error was indicted by the grand jury of Deuel county for unlawfully and wilfully taking 1,150 bushels of oats and 200 bushels of barley from the custody of the sheriff of Deuel county, alleged to have been levied upon and in the custody of said sheriff under and by virtue of an execution in his hands in favor of the Quebec Bank, against John Carroll and others. A trial was had resulting in a verdict against the defendant, upon which he was sentenced to pay a fine, and he now brings the case to this court for review on writ of error.
The indictment was found under Section 6336…
2Cases cited15 opinions
- Green v. BurkeNew York Supreme Court · 1840
- Connah v. HaleNew York Supreme Court · 1840
- Beekman v. LansingNew York Supreme Court · 1830
- Barker v. . BinningerNew York Court of Appeals · 1856
- Wintringham v. LafoyNew York Supreme Court · 1827
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3Cited by4 opinions
- Kipp v. BurtonMontana Supreme Court · 1903
- State v. JohnsonSouth Dakota Supreme Court · 1914
- Auby v. RathbunSouth Dakota Supreme Court · 1899
- Lee v. DinsmoreSouth Dakota Supreme Court · 1917