Fodness v. Juelfs
South Dakota Supreme Court
Appeal from circuit court, Lyman county. Hon. Frank B. Smith. Judge. Action by Dortha H. Fodness against Henry Juelfs, sheriff, and others to recover the value of certain personal property alleged to have been taken from her possession wrongfully. From a j udgment for plaintiff, defendants appeal.
1Opinion of the CourtCorson, J.
This is an action by the plaintiff to recover of the defendants the value of certain live stock taken from the *146possession of the plaintiff by Henry Juelfs, as sheriff of Lyman county. Judgment for plaintiff, and defendants appeal. The sheriff in his answer justified his taking under and by virtue of an execution issued out of a justice’s court in Lyman county, wherein Anton Johnson and Rier O. Houge were plaintiffs, and Knud H. Fodness was defendant, alleging that the property seized under the execution was the property of the said Knud H. Fodness, On the trial the court instructed the jury…
2Cases cited1 opinion
- Bowman v. KnottSouth Dakota Supreme Court · 1896
3Cited by2 opinions
- Houdeck v. Merchants & Bankers InsuranceSupreme Court of Iowa · 1897
- Berge v. Yellow Mfg. Acceptance Corp.South Dakota Supreme Court · 1930