Duprel v. Collins
South Dakota Supreme Court
Appeal from Circuit Court, Meade County. Hon. William G. Ricl, Judge. Action by Andre Duprel against Joseph Collins, as sheriff of Meade. County, to' recover for personalty 'alleged to have been wrongfully attached and sold under execution. From a judgment for plaintiff, and from an order denying a new trial, 'defendant appeals. Court’s instruction assumed evidence to be true.
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Appeal from Circuit Court, Meade County. Hon. William G. Ricl, Judge. Action by Andre Duprel against Joseph Collins, as sheriff of Meade. County, to' recover for personalty 'alleged to have been wrongfully attached and sold under execution. From a judgment for plaintiff, and from an order denying a new trial, 'defendant appeals. Court’s instruction assumed evidence to be true. While there may have been very little testimony showing a residence elsewhere, yet the court had no right .to pass upon the contested issue, or assume a fact as proven merely because there was no evidence contradicting…
1Opinion of the CourtWhiting, J.
Plaintiff seeks to recover the value of certain personal property which defendant as sheriff, seized under attachment and sold under execution issued in an action wherein plaintiff was defendant. Verdict and judgment 'being for plaintiff, and a new trial being refused; defendant appealed from the judgment, and from the order denying a new trial.
Appellant assigns errors based upon five certain rulings of the trial court -in the admission and rejection of evidence, and upon the giving of two certain instructions; he also> assigns the insufficienc}'' of the evidence to support the verdict. The…
2Cited by4 opinions
- Degen v. BaymanSouth Dakota Supreme Court · 1976
- Stewart v. Rapid CitySouth Dakota Supreme Court · 1925
- Degen v. BaymanSouth Dakota Supreme Court · 1976
- Dewey v. Chicago, B. & Q. R.South Dakota Supreme Court · 1915