Legal Opinion

Clark v. Bates

Supreme Court Of The Territory Of Dakota

Decided January 15, 1874PublishedCited by 5 opinions

Appeal from YanTdon County District Court. The complaint in this action sets forth, that during the month of February, 1873, the plaintiffs were co-partners, engaged in the mercantile business on James River, in Dakota Territory, near the point where the Northern Pacific Railroad crosses said river. That plaintiffs’ stock consisted of a general assortment of merchandise.

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Appeal from YanTdon County District Court. The complaint in this action sets forth, that during the month of February, 1873, the plaintiffs were co-partners, engaged in the mercantile business on James River, in Dakota Territory, near the point where the Northern Pacific Railroad crosses said river. That plaintiffs’ stock consisted of a general assortment of merchandise. That on the 23d day of February, 1873, the defendants unlawfully, maliciously and with force and arms entered plaintiffs’ place of business, and took and carried away all of the goods therein of the value of six thousand…

1Opinion of the CourtKidoke, J.

The plaintiffs brought an action of trespass de bonis asjjortatis against the defendant for taking and carrying away a stock of merchandise of the plaintiffs, from their store, which was situated near the Northern Pacific Railroad on the west side of James River. The defendants admitted the taking, and justified upon the grounds that they were commissioned officers in the United States army and on duty at Port Seward; that liquors constituted a part of said stock taken by them, and had been introduced by the plaintiffs, and that the country where the store and the stock of the defendants were…

2Cases cited2 opinions

  1. Foster v. NeilsonSupreme Court of the United States · 1829
  2. Hanmer v. WilseyNew York Supreme Court · 1837

3Cited by5 opinions

  1. Tubby v. StateMississippi Supreme Court · 1976
  2. Benson v. StateSouth Dakota Supreme Court · 2006
  3. Benson v. StateSouth Dakota Supreme Court · 2006
  4. Reis v. MillerSouth Dakota Supreme Court · 1996
  5. Reis v. MillerSouth Dakota Supreme Court · 1996

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