Legal Opinion

Cody v. Leapley

South Dakota Supreme Court

Decided September 25, 1991No. 17328PublishedCited by 16 opinions

1Opinion of the Court

GILBERTSON, Circuit Judge.

LEGAL ISSUES

I

WAS THE TRIAL COURT CLEARLY ERRONEOUS IN ITS DETERMINATION THAT PLAINTIFFS HAD FAILED TO PROVE THEIR OWNERSHIP OF CERTAIN PERSONAL PROPERTY DESIGNATED AS EXHIBITS ONE THROUGH TWENTY-FOUR?

II

DID THE TRIAL COURT ERROR IN GRANTING SUMMARY JUDGMENT IN FAVOR OF THE DEFENDANTS AGAINST PLAINTIFFS’ CLAIM FOR DAMAGES BASED ON ITS PRIOR DETERMINATION THAT THE PLAINTIFFS DID NOT ESTABLISH THEIR RIGHT TO POSSESSION OF CERTAIN PERSONAL PROPERTY?

FACTS

The plaintiffs are husband and wife. Plaintiff William R. Cody (hereinafter Cody) is presently serving a life sentence…

2Cases cited47 opinions

  1. Bell v. WolfishSupreme Court of the United States · 1979
  2. Hamilton v. Kentucky Distilleries & Warehouse Co.Supreme Court of the United States · 1919
  3. Kois v. WisconsinSupreme Court of the United States · 1972
  4. Van Oster v. KansasSupreme Court of the United States · 1926
  5. Rogers v. ScurrCourt of Appeals for the Eighth Circuit · 1982

42 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Wolff v. Secretary of the South Dakota Game, Fish & Parks DepartmentSouth Dakota Supreme Court · 1996
  2. Smith v. NevilleSouth Dakota Supreme Court · 1995
  3. Brim v. South Dakota Board of Pardons & ParolesSouth Dakota Supreme Court · 1997
  4. State v. KrahwinkelSouth Dakota Supreme Court · 2002
  5. Stumes v. DelanoSouth Dakota Supreme Court · 1993

11 more not listed; retrieve them via the Exa API.

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