Cable Co. v. Rathgeber
South Dakota Supreme Court
Appeal from Circuit Court, Yankton County. Hon. E. G. Smith, Judge. Action by the Cable Company against Jacob Rathgeber, sheriff. From a judgment for plaintiff, and an order denying a new trial, defendant appeals.
1Opinion of the CourtFuller, P. J.
Claiming the right of immediate possession by virtue oí a prior mortgage, respondent corporation brought this action against the sheriff of Yankton county to recover the possession of a certain piano which had been seized and taken from the mortgagor, Dr. Edwin A. Weimer, under ala execution, and also a chattel mortgage taken by F. A. Brecht upon the property, with actual knowledge of the earlier mortgage, and that the debt secured thereby was unpaid. The right of trial to a jury was expressly waived, and, for the avowed purpose of saving the trouble and expenses of procuring testimony, the…
2Cases cited3 opinions
- Chandler v. KennedySouth Dakota Supreme Court · 1895
- Foss v. Van WagenenSouth Dakota Supreme Court · 1905
- Brown v. BrownSouth Dakota Supreme Court · 1900
3Cited by4 opinions
- Luce v. AshSouth Dakota Supreme Court · 1911
- Raymond v. BarnardSouth Dakota Supreme Court · 1947
- Dave Gustafson & Co. v. S.D. Highway CommissionSouth Dakota Supreme Court · 1975
- Dave Gustafson & Co. v. S.D. Highway CommissionSouth Dakota Supreme Court · 1975