Ewald v. Boyd
South Dakota Supreme Court
Appeal from Circuit Court, Day County. Hon. J. H. McCoy, Judge. Action by John G. Ewald and another against William G. Boyd. Judgment for plaintiffs, and defendant appeals.
1Opinion of the CourtWhiting, J.
This case is before us upon an appeal from an order of the circuit court refusing to vacate a levy on an execution issued upon a judgment in said cause.
It appears that plaintiffs brought an action in claim and delivery to obtain possession of two horses, which they claimed to- be entitled to .possession of under and by virtue of a chattel mortgage. Verdict and judgment were for the plaintiffs as to one horse and for the defendant as to the other. The horses had remained in the possession of the defendant pending the action, they never having been seized under any order of the plaintiffs. The…
2Cases cited4 opinions
- Eickhoff v. EikenbaryNebraska Supreme Court · 1897
- Clarke v. Omaha & Southwestern RailroadNebraska Supreme Court · 1877
- Hinkson v. MorrisonSupreme Court of Iowa · 1877
- Lillie v. McMillanSupreme Court of Iowa · 1879
3Cited by4 opinions
- Jarecki Manufacturing Co. v. FlemingSupreme Court of Oklahoma · 1928
- Lawer Auto Supply Co. v. Teton Auto Co.Wyoming Supreme Court · 1930
- Schleuning v. WestSouth Dakota Supreme Court · 1914
- Hoeh v. KirbyMontana Supreme Court · 1935