Legal Opinion

Peterson v. Siglinger

South Dakota Supreme Court

Decided August 17, 1892PublishedCited by 3 opinions

Appeal from circuit court, Day county. Hon. J. O. Andrews, Judge. Action to recover the value of a stock of merchandise levied on and sold by the'defendant sheriff under attachment. Judgment for defendant. Plaintiff appeals. The facts are stated in the opinion. It is reversible error for the defendant to be allowed to mingle with the jury in their room and hold conversation with them during their deliberations. Cattle v. Cattle, 19 Am.

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Appeal from circuit court, Day county. Hon. J. O. Andrews, Judge. Action to recover the value of a stock of merchandise levied on and sold by the'defendant sheriff under attachment. Judgment for defendant. Plaintiff appeals. The facts are stated in the opinion. It is reversible error for the defendant to be allowed to mingle with the jury in their room and hold conversation with them during their deliberations. Cattle v. Cattle, 19 Am. Dec. 200; Knight v. Inhabitants, 13 Mass. 217; Hobing v. State, 3 Minn. 262; Martin v. Morton, 32 HI. 846; Oleson v. Meader, 40 Iowa, 663; Ritchie v.…

1Opinion of the CourtCorson, J.

This was an action to recover the value of a stock of merchandise levied upon by writs of attachment issued in suits against one Sibb Peterson, a son of the plaintiff, and subsequently sold by the defendant, as sheriff, under executions issued on judgments obtained in the said attachment suits. The jury found a verdict in favor of the defendant, upon which judgment was rendered, and plaintiff appeals. A motion for a new trial was made in the court below, one of the grounds of which was as fol*258lows: "Irregularity and misconduct of the defendant, in that he was by the deputy in charge of the…

2Cases cited4 opinions

  1. Martin v. MorelockIllinois Supreme Court · 1863
  2. Saint Croix Lumber Co. v. PenningtonSupreme Court Of The Territory Of Dakota · 1881
  3. Oleson v. MeaderSupreme Court of Iowa · 1875
  4. May, Weil & Co. v. HamSupreme Court of Kansas · 1873

3Cited by3 opinions

  1. State v. ChurchSouth Dakota Supreme Court · 1894
  2. State v. BrownSouth Dakota Supreme Court · 1969
  3. Douglass v. ByrnesU.S. Circuit Court for the District of Nevada · 1894

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