Conner v. Knott
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Jos’. W. Jones, Judge. Action in claim and delivery. Plaintiff had judgment, and defendant appeals. The facts are stated in the opinion.
Read the full summary
Appeal from circuit court, Minnehaha county. Hon. Jos’. W. Jones, Judge. Action in claim and delivery. Plaintiff had judgment, and defendant appeals. The facts are stated in the opinion. Where the plaintiff pleads ownership, and that the defendant wrongfully took and wrongfully detains the property, the defendant may under a general denial show either property in himself or a third party; and if an officer, he may justify the holding by his qualified interest under the writ, and that he holds the property thereunder as the property of such third party. 1 Ency. PI. & Pr. 822; Cobbey on…
1Opinion of the CourtFuller, J.
Claiming to be the owner of certain household effects, including a piano, mentioned in the complaint, and alleged to have been wrongfully taken and detained by the defendant, plaintiff brings this action, in claim and delivery, to recover the immediate possession thereof.. Under the answer *306which is, in effect, a general denial, and after the defendant had introduced evidence tending to show that the property in question belonged to C. J. Conner, the husband of plaintiff, counsel for appellant attempted to justify the seizure and detention thereof by the defendant sheriff under a warrant of…
2Cases cited11 opinions
- Schulenberg v. HarrimanSupreme Court of the United States · 1875
- Young v. GlascockSupreme Court of Missouri · 1883
- Timp v. DockhamWisconsin Supreme Court · 1873
- Davis v. WarfieldIndiana Supreme Court · 1872
- Bailey v. BayneSupreme Court of Kansas · 1878
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Connor v. KnottSouth Dakota Supreme Court · 1897
- Plano Manufacturing Co. v. PersonSouth Dakota Supreme Court · 1900