Legal Opinion

Weller v. Hilderbrandt

South Dakota Supreme Court

Decided December 21, 1904PublishedCited by 2 opinions

Appeal from circuit court, Codington county; Hon, Julian Bennett, Judge. Action by J. J. Weller against H. A. Hilderbrandt. From a judgment in favor of defendant, plaintiff appeals.

1Opinion of the CourtCorson, P. J.

This is an action by the plaintiff and appellant to recover the value of two certain horses and a set of harness claimed by him, which were taken by the sheriff of Codington county under an execution issued in an action wherein the McCormick Harvesting Machine Company was the execution creditor and James L. Smith was the execution debtor. The plaintiff resides in Iowa, but owned a farm in Codington county, which was leased to said Smith. The defendant, as sheriff of the county, levied upon the property in controversy as the property of Smith, and the same, while in his possession, was…

2Cases cited9 opinions

  1. Cain v. Gold Mountain Mining Co.Montana Supreme Court · 1903
  2. Rush v. Coal Bluff Mining Co.Indiana Supreme Court · 1892
  3. Milne v. WalkerSupreme Court of Iowa · 1882
  4. Bates v. Fremont, E. & M. V. R.South Dakota Supreme Court · 1893
  5. Smith v. . CoeNew York Court of Appeals · 1874

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3Cited by2 opinions

  1. Clay v. StateWyoming Supreme Court · 1906
  2. Drew v. LawrenceSouth Dakota Supreme Court · 1916

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