Castle v. Gleason
South Dakota Supreme Court
Appeal from 'Circuit Court, Union County. Hon. Joseph W. Jones, Judge. Action by W. D. Castle against John Gleason, for the value of alleged mortgaged crops converted by defendant. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. In this case the mortgage clearly fixes the year as that of 1912. Such a mortgage is not the basis of proof that the mortgage was to cover the crop of the year 1911. 22 Enc.
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Appeal from 'Circuit Court, Union County. Hon. Joseph W. Jones, Judge. Action by W. D. Castle against John Gleason, for the value of alleged mortgaged crops converted by defendant. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. In this case the mortgage clearly fixes the year as that of 1912. Such a mortgage is not the basis of proof that the mortgage was to cover the crop of the year 1911. 22 Enc. PI. & Pr. 527'; Robinson v. Kilpatrick Dry Goods Co., 50 Neb. 795, 70 N. W. 378; First Nat. Bank v. Hamer, 47 Fed. 36; Bromley v. Goff, 75 Mich. 213, 42 N.…
1Opinion of the CourtWhiting, P. J.
Plaintiff, claiming that the defendant had wrongfully converted certain corn upon which he held a chattel mortgage, brought -this action .to recover the value of such corn. Verdict and judgment being in favor of the plaintiff and a new trial having been refused, defendant appealed from such judgment and order denying a new trial.
*592Respondent contends that there is no question properly before us for consideration, because no bill of exceptions nor statement of the case wa)s properly and timely settled, and because no proper specifications of errors or of the particulars wherein the evidence was…
2Cases cited7 opinions
- Sprague v. EdwardsCalifornia Supreme Court · 1874
- Cole v. KerrNebraska Supreme Court · 1886
- McConnell v. LangdonIdaho Supreme Court · 1891
- Barr v. CannonSupreme Court of Iowa · 1886
- Eggert v. WhiteSupreme Court of Iowa · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Matter of Estate of KimballWyoming Supreme Court · 1978
- Ulvilden v. SorkenSouth Dakota Supreme Court · 1931
- Bristow v. WESTERN SURETY COMPANYSouth Dakota Supreme Court · 1956
- Castle v. GleasonSouth Dakota Supreme Court · 1915
- Security National Bank v. White Co.South Dakota Supreme Court · 1926
1 more not listed; retrieve them via the Exa API.