Pitts Agricultural Works v. Young
South Dakota Supreme Court
Appeal from circuit court, Marshall county. Hon. A. W. Campbell, Judge. Action by the Pitts Agricultural Works against Robert Young to recover the possession of certain personal property. Judgment for defendant, and plaintiff appeals. The facts are fully stated in the opinion. A general objection to the introduction of evidence is effectual if the objection could not have been obviated had the grounds been specifically pointed out.
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Appeal from circuit court, Marshall county. Hon. A. W. Campbell, Judge. Action by the Pitts Agricultural Works against Robert Young to recover the possession of certain personal property. Judgment for defendant, and plaintiff appeals. The facts are fully stated in the opinion. A general objection to the introduction of evidence is effectual if the objection could not have been obviated had the grounds been specifically pointed out. Merritt v. Seamau, 6 N. Y. 163; MeCombie v. Spoder, 1 Hun. 193; Levin v. Russell, 42 N. Y. 251; Bay lie, Trial Prac. p. 202. Where a defendant in replevin sets up…
1Opinion of the CourtCorson, P. J.
The plaintiff instituted this action to recover possession of about 1,400 bushels of grain, claimed by the plaintiff to have been mortgaged to him by the terms of a chattel mortgage executed by the defendant. The plaintiff in his complaint set out the substance of the said chattel mortgage, and alleged that it was due and unpaid, and concludes as follows: ‘ ‘That said property, and the whole thereof, and the possession thereof, is wrongfully detained from plaintiff by defendant, and that plaintiff has demanded, and caused to be demanded, of defendant the possession thereof, but that defendant…
2Cases cited20 opinions
- Belk v. MeagherSupreme Court of the United States · 1881
- Burton v. DriggsSupreme Court of the United States · 1874
- Tooley v. . BaconNew York Court of Appeals · 1877
- Griffin v. . Long Island Railroad Co.New York Court of Appeals · 1886
- Merritt v. . SeamanNew York Court of Appeals · 1852
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3Cited by15 opinions
- Goldberg v. Sisseton Loan & Title Co.South Dakota Supreme Court · 1909
- McCabe v. DesnoyersSouth Dakota Supreme Court · 1906
- Davis v. TubbsSouth Dakota Supreme Court · 1895
- Flathers v. Wilson & Co.South Dakota Supreme Court · 1934
- Bowdle v. JencksSouth Dakota Supreme Court · 1904
10 more not listed; retrieve them via the Exa API.