Ayers, Weatherwax & Reid Co. v. Sundback
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Frank R. Aikens, Judge. Action to recover against the defendant for alleged neglect of duty as sheriff. Plaintiff had judgment, and defendant appeals. The facts so far as material are stated in the opinion. In actions such as this the plaintiff must prove a valid judgment. It is not sufficient that he show an execution to be issued.
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Appeal from circuit court, Minnehaha county. Hon. Frank R. Aikens, Judge. Action to recover against the defendant for alleged neglect of duty as sheriff. Plaintiff had judgment, and defendant appeals. The facts so far as material are stated in the opinion. In actions such as this the plaintiff must prove a valid judgment. It is not sufficient that he show an execution to be issued. McDonald v. Bunn, 3 Dak. 45. A chattel mortgage upon a stock of goods which covers any addition that might be made to the stock to keep the same up to its value is not presumably fraudulent on its face. McKay v.…
1Opinion of the CourtKellam, J.
The respondent, as plaintiff, brought this action against appellant, as sheriff of Minnehaha county, on account of his neglect to collect a judgment upon which execution was issued and delivered to him. The complaint alleged that plaintiff recovered judgment against one A. S. Kilroy in the county court of Minnehaha county, caused execution to be issued thereon, and delivered for collection to defendant, as sheriff; that Kilroy had and owned personal property subject to execution in said. county, sufficient to satisfy the execution, to the knowledge of defendant, yet he refused to levy upon…
2Cases cited11 opinions
- Cameron, Hull & Co. v. MarvinSupreme Court of Kansas · 1881
- Cooper v. SunderlandSupreme Court of Iowa · 1856
- People ex rel. Farrington v. BristolMichigan Supreme Court · 1876
- Wilkinson v. MooreIndiana Supreme Court · 1881
- Opening of Gold Street v. NewtonSupreme Court Of The Territory Of Dakota · 1878
6 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Madson v. RuttenNorth Dakota Supreme Court · 1907
- Deno v. OvesonSouth Dakota Supreme Court · 1981
- Jewett v. SundbackSouth Dakota Supreme Court · 1894
- Ripple v. WoldSouth Dakota Supreme Court · 1998
- Bright v. JuhlSouth Dakota Supreme Court · 1903
12 more not listed; retrieve them via the Exa API.