Legal Opinion

Abel v. Teets

South Dakota Supreme Court

Decided February 29, 1912Published

Appeal from Circuit Court, Beadle County. Hon, Alva E. Taylor, Judge. Action by Roy Abel against H. C. Teets, as constable of Beadle county. From a judgment for plaintiff, defendant appeals.

1Opinion of the CourtWhiting, J.

This is an action in claim and delivery to recover the possession of a horse which plaintiff alleged was *634wrongfully withheld from him by defendant acting as constable. Plaintiff made the affidavit and furnished the bond provided for by statute to entitle him to the possession of the horse pending the suit. The possession of said horse was taken from defendant and delivered to plaintiff, defendant failing to give a redelivery bond, and the horse was still in the possession of plaintiff at the time of the trial. Defendant, answering, alleged the recovery of a judgment by one B. against one J.…

2Cases cited8 opinions

  1. Westenberger v. WheatonSupreme Court of Kansas · 1871
  2. Meyer Bros. v. LaneSupreme Court of Kansas · 1889
  3. Bardwell v. StubbertNebraska Supreme Court · 1885
  4. Wagner v. OlsonNorth Dakota Supreme Court · 1893
  5. Paul v. HodgesSupreme Court of Kansas · 1881

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