Legal Opinion

Cable Co. v. Rathgeber

South Dakota Supreme Court

Decided August 29, 1907PublishedCited by 4 opinions

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

  1. Chandler v. KennedySouth Dakota Supreme Court · 1895
  2. Foss v. Van WagenenSouth Dakota Supreme Court · 1905
  3. Brown v. BrownSouth Dakota Supreme Court · 1900

3Cited by4 opinions

  1. Luce v. AshSouth Dakota Supreme Court · 1911
  2. Raymond v. BarnardSouth Dakota Supreme Court · 1947
  3. Dave Gustafson & Co. v. S.D. Highway CommissionSouth Dakota Supreme Court · 1975
  4. Dave Gustafson & Co. v. S.D. Highway CommissionSouth Dakota Supreme Court · 1975

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