Jewett v. Sundback
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Frank R. Aikens, Judge. Action to recover against the defendant as sheriff for damages alleged to have been sustained by reason of the refusal of the defendant to levy an execution. There was judgment for plaintiffs, and defendant appeals. The facts are stated in the opinion.
1Opinion of the CourtCorson, P. J.
This was an action against the defendant, as sheriff of Minnehaha county, to recover the amount of a judgment rendered in favor of the plaintiff, and against one A. S. Kilroy, upon which an execution was issued, and placed in the hands of the defendant, as sheriff, and which he refused to levy upon the property of said Kilroy. Judgment for plaintiff, and defendant appeals.
The complaint states, in substance that the defendant was the sheriff of Minnehaha county; that the plaintiff duly recovered a judgment against the said A. S. Kilroy, upon which an execution was issued, and delivered to the…
2Cases cited9 opinions
- Thompson v. . Van VechtenNew York Court of Appeals · 1863
- Robinson v. ElliottSupreme Court of the United States · 1875
- Fearey v. CummingsMichigan Supreme Court · 1879
- Bond v. WardMassachusetts Supreme Judicial Court · 1810
- Potts v. . HartNew York Court of Appeals · 1885
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3Cited by9 opinions
- McCormick Harvesting Machine Co. v. FaulknerSouth Dakota Supreme Court · 1895
- Hollenbeck v. LoudenSouth Dakota Supreme Court · 1915
- Campbell, Hunt Adams v. Richardson and EicholzSupreme Court of Oklahoma · 1897
- Maclaren v. KramarNorth Dakota Supreme Court · 1913
- Joas v. JordanSouth Dakota Supreme Court · 1907
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