Legal Opinion

Watkins v. Bowyer

South Dakota Supreme Court

Decided August 15, 1919No. File No. 4536PublishedCited by 1 opinion

Appeal from Circuit Court, Fall River County. Hon. Revi McGee, Judge. Action by William Watkins and another, against James T. Bowyer, to recover damages for sale by defendants to plaintiffs of stolen cattle. From a judgment for plaintiffs, and from an order denying a new trial, defendant Bowyer appeals.

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Appeal from Circuit Court, Fall River County. Hon. Revi McGee, Judge. Action by William Watkins and another, against James T. Bowyer, to recover damages for sale by defendants to plaintiffs of stolen cattle. From a judgment for plaintiffs, and from an order denying a new trial, defendant Bowyer appeals. (1) To point one of the opinion, Respondent cited: Howland v. Corn, 114 C. C. A. 227, 232 Fed. 315; Perry v. Hayes, 215 Mass. 296, 102 N. E. 318 ; Green v. Davies, 182 N. Y. 499, 75 N. E. 536. (2) To point two, Appellant cited: Wolfgram v. Dill 37 S. D. 282-288. Respondent cited: Busterud v.…

1Opinion of the CourtPolley, J.

The complaint in this action alleges that defendants entered into a conspiracy to defraud plaintiffs by selling them certain cattle which defendants knew to have been stolen. The cattle were brought into the neighborhood where plaintiffs and defendants lived by the defendant Kindred and one Hudspeth. Defendant Bowyer, knowing the cattle had been stolen, *191purchased them from Kindred. Afterwards Kindred purchased a part of the cattle 'back from Bowyer and sold them to plaintiff. Some time thereafter the cattle were found and retaken by their rightful owners, and plaintiffs now seek to recover…

2Cases cited4 opinions

  1. Brackett v. . GriswoldNew York Court of Appeals · 1889
  2. Green v. . DaviesNew York Court of Appeals · 1905
  3. Busterud v. FarringtonSupreme Court of Minnesota · 1887
  4. Perry v. HayesMassachusetts Supreme Judicial Court · 1913

3Cited by1 opinion

  1. Smith v. SmithSouth Dakota Supreme Court · 1919

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