Linander v. Longstaff
South Dakota Supreme Court
Appeal from circuit court, Beadle county. Hon. A. W. Campbell, 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, Beadle county. Hon. A. W. Campbell, Judge. Action in claim and delivery. Plaintiff had judgment and defendant appeals. The facts are stated in the opinion. Property seized by an officer by virtue of a process is in the custody of the law and cannot be seized upon by any other court, and a defendant, and owner of a chattel, cannot maintain an action of replevin against an officer for possession of goods taken from him by virtue of legal process issued against him. Cooley v. Davis, 34 la. 129; Prink v. Israel, 5 la. 450; Thompson v. Button, 14 Johns 84; Kellogg v.…
1Opinion of the CourtFuller, J.
To recover the possession or value of certain exempt property this action in claim and delivery was instituted against the sheriff in the court below, and successfully prosecuted to judgment. The facts estential to a, determination of this appeal which was taken by the defendant from the judgment and an order overruling a motion for a new trial, are, in effect, as follows: Upon the ground that the property in controversy was obtained by means of false and fraudulent representations, a stock of boots and shoes kept by plaintiff for the purpose of retail trade was seized by the defendant on the…
2Cases cited8 opinions
- Weber v. TschetterSouth Dakota Supreme Court · 1890
- Paddock v. BalgordSouth Dakota Supreme Court · 1891
- Noyes v. BeldingSouth Dakota Supreme Court · 1894
- Westenberger v. WheatonSupreme Court of Kansas · 1871
- Douch v. RahnerIndiana Supreme Court · 1877
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Forsberg v. Security State Bank of CanovaCourt of Appeals for the Eighth Circuit · 1926
- Jetton Lumber Co. v. HallSupreme Court of Florida · 1914
- Ness v. JonesNorth Dakota Supreme Court · 1901
- Ecker v. LindskogSouth Dakota Supreme Court · 1900
- Shriver-Johnson Co. v. HargravesSouth Dakota Supreme Court · 1929
4 more not listed; retrieve them via the Exa API.