Locke v. Hubbard
South Dakota Supreme Court
Appeal from Minnehaha county court. Hon. E. Parliman, Judge. Action in conversion. Prom a judgment in favor of plaintiff, and from an order denying a motion for a new trial, defendant appeals. The facts are stated in the opinion. The entry of the judgment is so far .ministerial that in those states where the statute designates a time within which it must be entered, it does not effect the validity of the judgment, if the statute is not complied with.
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Appeal from Minnehaha county court. Hon. E. Parliman, Judge. Action in conversion. Prom a judgment in favor of plaintiff, and from an order denying a motion for a new trial, defendant appeals. The facts are stated in the opinion. The entry of the judgment is so far .ministerial that in those states where the statute designates a time within which it must be entered, it does not effect the validity of the judgment, if the statute is not complied with. Bank v. Wolff, 21 Pac. 551; Marshall v. Taylor, 32 Id. 515; Brown v. Porter, 34 Id. 1105; Freem. Judgm. § 40; Black, Judgm. § 106; Telegraph Co.…
1Opinion of the CourtCorson, P. J.
This was an action to recover the value of a stock of drugs, etc., alleged to have been converted by the defendant and appellant. The appellant justified the seizure under and by virtue of a judgment and execution in the case of Noyes Bros. & Cutler against B. L. Havdahl. The plaintiff claimed the right to the possession of the stock of drugs under and by virtue of a chattel mortgage executed by said Havdahl to one N. J. Deisher, trustee, and by him transferred to the plaintiff, as was alleged by the plaintiff.
The important -question in the case arises on the ruling of the court in excluding…
2Cases cited8 opinions
- In re WeberNorth Dakota Supreme Court · 1894
- Thompson v. BickfordSupreme Court of Minnesota · 1872
- Williams v. McGradeSupreme Court of Minnesota · 1868
- Brown v. HathawaySupreme Court of Minnesota · 1865
- Hodgins v. HeaneySupreme Court of Minnesota · 1870
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Cameron v. Great Northern Railway Co.North Dakota Supreme Court · 1898
- Hahn v. Citizens State BankWyoming Supreme Court · 1918
- State ex rel. Morgan v. LammSouth Dakota Supreme Court · 1896
- Chamberlain v. HedgerSouth Dakota Supreme Court · 1897
- Hanberg v. National BankNorth Dakota Supreme Court · 1899
4 more not listed; retrieve them via the Exa API.