Wood v. Steinau
South Dakota Supreme Court
Appeal from circuit court, Union county. Hon. E. G. Smith, Judge. Action in conversion. Plaintiff had judgment, and defendant appeals. The facts are stated in the opinion. To maintain trover there must be a concurrence both of the right of property, general or special, and of the actual possession, or the right to the immediate possession. 26 Am. & Eng.
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Appeal from circuit court, Union county. Hon. E. G. Smith, Judge. Action in conversion. Plaintiff had judgment, and defendant appeals. The facts are stated in the opinion. To maintain trover there must be a concurrence both of the right of property, general or special, and of the actual possession, or the right to the immediate possession. 26 Am. & Eng. Encyc. of Law, 744; Lloyd v. Powers, 4 Dak. 62; S. C. 22 N. W. 462; Swenson v. Kleinschmidt, 26 Pac. 198; Tuthill v. Wheeler, 6 Barb. 363. In order to maintain this action, plaintiff’s interest and right must be exclusive. Buckley v. Carlisle,…
1Opinion of the CourtPuller, J.
Upon a claim of joint ownership and right of possession, plaintiff instituted this action to recover the value of *111a certain stock of general merchandise alleged to have been wrongfully converted by the defendant to his own use. A jury trial resulted in a verdict against the defendant in plaintiff’s favor for §1,132.99, and this appeal is by the defendant from á judgment accordingly entered, and from an order overruling a motion for a new trial. The cause of action stated by respondent in her complaint being fully established by the evidence introduced at the trial, facts not essential to an…
2Cases cited5 opinions
- Bray v. BrayMichigan Supreme Court · 1874
- Sullivan v. LawlerSupreme Court of Alabama · 1882
- Person v. WilsonSupreme Court of Minnesota · 1878
- Needham v. HillMassachusetts Supreme Judicial Court · 1879
- Yamhill Bridge Co. v. NewbyOregon Supreme Court · 1855
3Cited by2 opinions
- Hochstetler v. GraberNorth Dakota Supreme Court · 1951
- Grissel v. Bank of WoonsocketSouth Dakota Supreme Court · 1899