Knott v. Sherman
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge. Action on a statutory undertaking in claim and delivery. Defendants had judgment, and plaintiff appeals. The facts are stated in the opinion. A qualified denial of the defendant in his answer is in legal effect an admission of the plaintiff’s allegations.
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Appeal from circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge. Action on a statutory undertaking in claim and delivery. Defendants had judgment, and plaintiff appeals. The facts are stated in the opinion. A qualified denial of the defendant in his answer is in legal effect an admission of the plaintiff’s allegations. Clark v. Dillon, 97 N. Y. 370; Mattoon v. Railroad, 60 N. W. 69. Where a person gives a receipt for property, he is estopped from denying that he received the property. Dewey v. Field, 4 Met. 381; Bursley v. Hamilton, 15 Pick. 50. When a plaintiff does not prosecute a…
1Opinion of the CourtKellam, J.
This was an action on a statutory undertaking in a claim and delivery action. On June 29, 1894, the plaintiff, as sheriff, had in his hands for collection an execution against H. M. Avery. On that day, desiring to levy upon certain books as the property of said Avery, being copies of the Sioux Falls Directory, then being printed and bound by Brown & Saenger, printers and binders, under a contract with the Pettibone Directory Company, the said sheriff, by one of his deputies, served upon said Brown & Saenger, by leaving the same at their office, a copy of said execution, and a notice of levy *524up…
2Cases cited1 opinion
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