Folmer v. Hanson
South Dakota Supreme Court
Appeal from Circuit Court, Brown County. Hon. Frank Anderson, Judge. Action by Herb Folmer, against John A. Hanson and another, to recover damages on a replevin bond in claim and delivery. From: a judgment for plaintiff, and from an order denying, new trial, defendant, appeals.
Read the full summary
Appeal from Circuit Court, Brown County. Hon. Frank Anderson, Judge. Action by Herb Folmer, against John A. Hanson and another, to recover damages on a replevin bond in claim and delivery. From: a judgment for plaintiff, and from an order denying, new trial, defendant, appeals. (2) To point twb of the opinion, appellant cited: Shinn on Replevin, Sec. 679. Respondent cited: Wetmore v. Rupe, (¡Cal.) 3 Pac. 851. (3) To point three, appellants cited: Wallace v. Cox, (■Neb.) 142 N. W., 891; Pearl v. Garlock, 28 N. W. 155. Respondent cited: Wells Replevin (2nd Ed.) Sec. 422; Shinn on Replevin, Sec.…
1Opinion of the CourtMcCOY, J.
Action to recover on a bond given by defendant in a replevin action in which he was plaintiff, by virtue of which bond defendant, as such plaintiff, bound himself, in case of a judgment against him, to return said property to the defendant therein, plaintiff in the present action, or, in case a return thereof could not be had, that he would pay said defendant therein the value thereof. There was alternative judgment for defendant in the replevin action requiring plaintiff to return to said defendant the said property, or, in case a return thereof could not be had, that he have judgment…
2Cases cited2 opinions
- Leeper, Graves & Co. v. First Nat. Bank of HobartSupreme Court of Oklahoma · 1910
- Schleuning v. WestSouth Dakota Supreme Court · 1914