Hill v. Walsh
South Dakota Supreme Court
Appeal from circuit court, Hand county. Hon. H. G-. Fuller, Judge. Action by Austin D. Hill against Daniel Walsh, as sheriff of Hand county, in claim and delivery. A demurrer to the answer was overruled, and plaintiff appeals.
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Appeal from circuit court, Hand county. Hon. H. G-. Fuller, Judge. Action by Austin D. Hill against Daniel Walsh, as sheriff of Hand county, in claim and delivery. A demurrer to the answer was overruled, and plaintiff appeals. The facts are stated in the opinion.- Cited Harris v. Hansen, 11 Me. 241; Wade Attach, sec. 132; Walker v. Woods, 15 Cal. 67; Hines v. Chambers, 19 Minn. 7; Dayton v. Fry, 29 111. 526; Thornburgh v. Hond, 7 Cal. 554; Wells on Repl. sec. 301; Noble v. Holmes, 5 Hill 195; McMun v. Whelon, 27 Cal. 300; Crippen v. Hudson, 10 N. Y. 161; Reubins v. Joel, Id. 488; VanEtten v.…
1Opinion of the CourtKellam, J.
Appellant, as plaintiff, brought this action in claim and delivery against respondent, as sheriff, to recover a stock of goods, or its value, of which appellant claimed to be the owner, and as such entitled to the immediate possession. The answer admitted the taking, and justified under attachments issued to him, as such sheriff, against one Nancy J. Fulton, from whom it was alleged the property flaken was fraudulently, acquired by the plaintiff. The allegations of the answer will be more particularly noticed as we proceed. The plaintiff demurred to the answer on the grounds (1) that it does…
2Cases cited1 opinion
- Cumins v. Lawrence CountySouth Dakota Supreme Court · 1890
3Cited by2 opinions
- Redwater Land & Canal Co. v. ReedSouth Dakota Supreme Court · 1910
- Telford v. Iowa Guarantee Mortgage Corp.South Dakota Supreme Court · 1931