Gaines v. White
South Dakota Supreme Court
Appeal from district court, McCook county, Hon. JoHfif E. Carland, Judge, Action of claim and delivery against the defendant as sheriff of McCook county, to recover possession of certain per-, sonal property levied upon and taken under a warrant of attachment. Verdict and judgment for plaintiff. Defendant ap peals. The facts are stated in the opinion.
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Appeal from district court, McCook county, Hon. JoHfif E. Carland, Judge, Action of claim and delivery against the defendant as sheriff of McCook county, to recover possession of certain per-, sonal property levied upon and taken under a warrant of attachment. Verdict and judgment for plaintiff. Defendant ap peals. The facts are stated in the opinion. Defendant’s application for a continuance, showing the retirement of his counsel but an hour previous to the trial, and the absence of material witnesses, with no laches on his part, entitled him to a continuance as a matter of right. Schultz v.…
1Opinion of the CourtBennett, J.
This was an action of claim and delivery brought by plaintiff against the defendant to recover the possession of certain personal property alleged to have been wrongfully taken from the plaintiff by defendant on September 23, 1887. The action was commenced on the 2d day of November, 1887. The plaintiff alleges in his complaint that he -was the owner and in the actual possession of said personal property; that the same was wrongfully taken from him by the defendant, and that the value of it was $3,500. The defendant alleges that he was sheriff of McCook county, where such personal property was…
2Cases cited13 opinions
- Baker v. JosephCalifornia Supreme Court · 1860
- Sarah v. StateSupreme Court of Georgia · 1859
- Schellhous v. BallCalifornia Supreme Court · 1866
- Tomer v. DensmoreNebraska Supreme Court · 1879
- Gaines v. WhiteSouth Dakota Supreme Court · 1892
8 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Braithwaite v. AikenNorth Dakota Supreme Court · 1891
- Keith v. StateCourt of Criminal Appeals of Oklahoma · 1912
- State v. PhillipsSouth Dakota Supreme Court · 1904
- Byre v. WieczorekSouth Dakota Supreme Court · 1974
- Basin Electric Power Cooperative v. GoschSouth Dakota Supreme Court · 1976
32 more not listed; retrieve them via the Exa API.