Thomas v. Fullerton
South Dakota Supreme Court
Appeal from circuit court, Douglas county. Hon. E. G. Smith, Judge. Action by Alfred W. Thomas against Thomas Fullerton and others, to recover damages for the taking of certain personal property. From an order granting a new trial, defendants appeal.
1Opinion of the CourtHaney, J.
This is an action to recover $1,600, as damages for the taking of a frame building and certain personal propei’ty owned by the plaintiff, without his consent. Concerning the value of the property, and whether or not it was taken with plaintiff’s consent, the evidence was conflicting. A verdict was rendered in favor of plaintiff for $50. He moved for a new trial on the grounds, among others, of newly-discovered evidence, and insufficiency of the evidence to justify the verdict. Upon the hearing of such motion the following order was made, from which defendants appealed: “The motion for new…
2Cases cited4 opinions
- Grant v. GrantSouth Dakota Supreme Court · 1894
- Alt v. Chicago & Northwestern Railway Co.South Dakota Supreme Court · 1894
- Hodges v. BierleinSouth Dakota Supreme Court · 1893
- Morrow v. LetcherSouth Dakota Supreme Court · 1897
3Cited by6 opinions
- Root v. BinghamSouth Dakota Supreme Court · 1910
- Smith v. PenceSouth Dakota Supreme Court · 1914
- Sands v. CruikshankSouth Dakota Supreme Court · 1901
- State v. CrowleySouth Dakota Supreme Court · 1906
- Troy Min. Co. v. ThomasSouth Dakota Supreme Court · 1901
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