Schleuning v. West
South Dakota Supreme Court
Appeal from Circuit Court, Meade County. Hon. Eevi Mc-GEE, Judge. Action by Ernest Schleuning against Samuel M. West and another, upon a re-delivery bond in replevin, for value of personalty involved in the original suit. From a judgment for plaintiff, and from an order denying a new trial, defendants appeal. (2) Under point two of the opinion, Appellants cited: Leeper et al. v. First National Bank (Okla.)- no Pac. 655, 29 L. R. A. (Ni. S.) 747; Am. & Eng. Ann.
Read the full summary
Appeal from Circuit Court, Meade County. Hon. Eevi Mc-GEE, Judge. Action by Ernest Schleuning against Samuel M. West and another, upon a re-delivery bond in replevin, for value of personalty involved in the original suit. From a judgment for plaintiff, and from an order denying a new trial, defendants appeal. (2) Under point two of the opinion, Appellants cited: Leeper et al. v. First National Bank (Okla.)- no Pac. 655, 29 L. R. A. (Ni. S.) 747; Am. & Eng. Ann. Cas. 1912 B, 308, and note; Wells on Replevin, § 422; Shinn on Replevin, § 679; Cobbey on Replevin, § 1389. (3) Under point three of…
1Opinion of the CourtPo'Lley, J.
This action grows out of a controversy over the ownership of a certain meat market, including tools and fixtures, together with a stock of meat and meat products usually dealt in in such places, also a two-horse spring wagon, a meat delivery -cart, a single harness, a double harness, and about $80 in money. Defendant West was in possession of said market, and, on or about the 5th day of August, 1911, plaintiff commenced an action for the recovery oif the possession thereof. Pie furnished an undertaking in claim and delivery, and caused said property to be seized by the sheriff; but, within…
2Cases cited4 opinions
- Capital Lumbering Co. v. LearnedOregon Supreme Court · 1899
- Leeper, Graves & Co. v. First Nat. Bank of HobartSupreme Court of Oklahoma · 1910
- Eickhoff v. EikenbaryNebraska Supreme Court · 1897
- Ewald v. BoydSouth Dakota Supreme Court · 1909
3Cited by2 opinions
- Lawer Auto Supply Co. v. Teton Auto Co.Wyoming Supreme Court · 1930
- Folmer v. HansonSouth Dakota Supreme Court · 1921