Barkley v. Boardman

MORIARTY, C.

The respondent, Fuella A. Barkley, began this action to recover from 'George Boardman, as sheriff of 'Minnehaha county, $2,143.28 which he was holding under an execution levy.

The evidence was taken before a jury, but, when both parties had rested, each party moved for the direction of a verdict, and the trial court announced that he considered that there was no question of fact to be submitted to the jury, and that he would make findings of fact and conclusions of law.

Thereafter the court made its findings and conclusions in favor of the plaintiff’s contentions and entered…