Hormann v. Sherin
South Dakota Supreme Court
Appeal from circuit court, Marshall county. Hon. A. W. Campbell, Judge. Action in claim and delivery to recover the possession of certain horses. From a judgment for plaintiff, defendant appeals. The facts are stated in the opinion. A new trial may be granted for erroneous instructions, although the verdict may appear proper on its face. Wardell v. Hughes, 3 Wend. 418; 16 Am and Eng. Ency. Law 508. . If the instructions tend to mislead a jury a new trial should be ordered.
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Appeal from circuit court, Marshall county. Hon. A. W. Campbell, Judge. Action in claim and delivery to recover the possession of certain horses. From a judgment for plaintiff, defendant appeals. The facts are stated in the opinion. A new trial may be granted for erroneous instructions, although the verdict may appear proper on its face. Wardell v. Hughes, 3 Wend. 418; 16 Am and Eng. Ency. Law 508. . If the instructions tend to mislead a jury a new trial should be ordered. Benhard v. Cary, 11 Wend, 83; Fairfield v. Rogers, 32 Minn. 269; Warner v. Beebe, 47 Mich. 435. If the verdict is based…
1Opinion of the CourtFuller, J.
Upon a claim of ownership and wrongful detention, plaintiff based her right to the immediate possession of certain horses described in her complaint, which is in the usual form, and states a cause of action in claim and delivery. Upon the issues, raised by a general denial the case was tried to a jury and a verdict was returned for the plaintiff, as follows: “We, the jury duly impaneled in the above-entitled action, find for the plaintiff upon all the issues, that the plaintiff is entitled to the immediate possession of the horses covered by the Curtis mortgage, and that the value of said…
2Cases cited8 opinions
- Williams v. PorterWisconsin Supreme Court · 1877
- Coit v. WaplesSupreme Court of Minnesota · 1854
- Bates v. Fremont, E. & M. V. R.South Dakota Supreme Court · 1893
- Williams v. . JohnstonSupreme Court of North Carolina · 1885
- Mares v. Northern Pacific R. R.Supreme Court Of The Territory Of Dakota · 1884
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3Cited by2 opinions
- Bringgold v. BringgoldSupreme Court of Minnesota · 1928
- Towne v. LiedleSouth Dakota Supreme Court · 1898