Legal Opinion · Dissent

Gamble v. Keyes

South Dakota Supreme Court

Decided December 31, 1917No. File No. 4073Published

Appeal from Circuit Court, Codington County. Hon. Carl G. Sherwood, Judge. Action by Elizabeth F. Gamble, against E. R. Keyes and others, ‘to recover damages for forcibly entering and injuring plaintiff’s house, assaulting her, etc. From an’order granting new •trial, plaintiff appeals. Order modified, and as modified, judgment (7.) To point seven of the 'Opinion, Appellant cited: Shoemaker v. Sonju, 15 N. D. 518; 108 N. W. 42; Whaley v. Vidal, et al.

Read the full summary

Appeal from Circuit Court, Codington County. Hon. Carl G. Sherwood, Judge. Action by Elizabeth F. Gamble, against E. R. Keyes and others, ‘to recover damages for forcibly entering and injuring plaintiff’s house, assaulting her, etc. From an’order granting new •trial, plaintiff appeals. Order modified, and as modified, judgment (7.) To point seven of the 'Opinion, Appellant cited: Shoemaker v. Sonju, 15 N. D. 518; 108 N. W. 42; Whaley v. Vidal, et al. (S. D.) 132 N. W. 248-250-251; Redfield v. Oakland Con. St. Ry. Co., no Cal. 277, 42 Pac. 822, 1063.

1DissentGates', P. J.

The evidence tended to show that plaintiff was a resident of the town of Henry, in Codington county; that on August 17, 19x4, her husband was arrested upon the charge of unlawfully engaging in the business of selling intoxicating liquors; that a quantity of beer was taken from their home by the sheriff at the'time of the arrest; that in the evening of that day defendant, a resident of Henry, telephoned the sheriff at Watertown and asked if the sheriff got a little black grip at Gamble's containing whiskey; that the sheriff replied in .the negative, and told defendant to get Mr. Ring, the…

2Cases cited4 opinions

  1. Union Mill Co. v. PrenzlerSupreme Court of Iowa · 1897
  2. Bogue v. GundersonSouth Dakota Supreme Court · 1912
  3. Davis v. Holy Terror Mining Co.South Dakota Supreme Court · 1906
  4. Eller v. LordSouth Dakota Supreme Court · 1915

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API