Clement v. Barnes
South Dakota Supreme Court
Appeal from circuit court, Grant county. Hon. J. O. Andrews, Judge. Action in claim and delivery to recover the possession of certain wheat. From an order setting aside a verdict for, plaintiff, plaintiff appeals. The facts are stated in the opinion. The court cannot set aside a verdict of its own motion after the verdict has been received and. filed and an interval of. time elapsed.
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Appeal from circuit court, Grant county. Hon. J. O. Andrews, Judge. Action in claim and delivery to recover the possession of certain wheat. From an order setting aside a verdict for, plaintiff, plaintiff appeals. The facts are stated in the opinion. The court cannot set aside a verdict of its own motion after the verdict has been received and. filed and an interval of. time elapsed. Hayne on New Trial and App. sec. 10; Gould v. Elevator, 50 N. W. 969. An order of court setting aside a verdict of its own motion cannot be sustained when there is full and sufficient evidence to sustain the…
1Opinion of the CourtFuller, J.
To recover the posession of Certain wheat alleged to be wrongfully detained by defendant, to the immediate possession of which plaintiff avers that he is entitled, this action was brought in claim and delivery, and is based upon a certain chattel mortgage executed by defendant to plaintiff, and a subsequent written agreement between the parties, by which it is claimed defendant voluntarily delivered the wheat in question to plaintiff, for the purpose of having the same sold at private sale, and the proceeds thereof applied upon the mortgage indebtedness. The complaint is in the usual form,…
2Cases cited2 opinions
- Edmonds v. HerbrandsonNorth Dakota Supreme Court · 1891
- Gould v. Duluth & Dakota Elevator Co.North Dakota Supreme Court · 1891
3Cited by6 opinions
- Scott v. FordOregon Supreme Court · 1908
- Hensley v. Davidson Bros.Supreme Court of Iowa · 1907
- Traxinger v. Minneapolis, St. P. & S. S. M. Ry. Co.South Dakota Supreme Court · 1909
- Flugel v. HenschelNorth Dakota Supreme Court · 1896
- State v. BowersSouth Dakota Supreme Court · 1957
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