Studebaker Bros. Manufacturing v. Zollars
South Dakota Supreme Court
Appeal from circuit court, Custer county. Hon. William Gardner, Judge. Action by the Studebaker Bros. Manufacturing Company, a corporation, against Lafayette Zollars, as sheriff, and others to recover damages for failure to levy certain executions upon the personal property of certain judgment debtors. Judgment for plaintiff. Defendants appeal. The facts are stated in the opinion.
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Appeal from circuit court, Custer county. Hon. William Gardner, Judge. Action by the Studebaker Bros. Manufacturing Company, a corporation, against Lafayette Zollars, as sheriff, and others to recover damages for failure to levy certain executions upon the personal property of certain judgment debtors. Judgment for plaintiff. Defendants appeal. The facts are stated in the opinion. The courts instructions to the jury relating to the question of the validity or invalidity of the Tyler mortgage were misleading and erroneous because they permit and direct the jury to find the mortgage invalid if…
1Opinion of the CourtCorson, P. J.
This action was brought by the plaintiff, who was a judgment creditor of Alemeth E. Overpeck and Areli L. Overpeck, co-partners doing business as Overpeck Bros., against Lafayette Zollars, as sheriff of Pennington county, and his sureties, to recover damages for the failure of said Zollars, as sheriff, to levy certain executions in favor of the said plaintiff and against the said Overpeck Brothers upon their personal *300property. The sheriff justified his refusal in levying the said executions by alleging, in substance, that the personal property upon which he was directed to levy had been…
2Cases cited5 opinions
- Shauer v. AltertonSupreme Court of the United States · 1894
- Louisville, Evansville & St. Louis Consolidated R. R. Co. v. SpencerIllinois Supreme Court · 1894
- Koehler v. WilsonSupreme Court of Iowa · 1875
- McQuillan v. City of SeattleWashington Supreme Court · 1896
- Drew v. Watertown Ins.South Dakota Supreme Court · 1894
3Cited by5 opinions
- Sherman v. Upton, Inc.South Dakota Supreme Court · 1976
- Belknap v. BelknapSouth Dakota Supreme Court · 1906
- Comeau v. HurleySouth Dakota Supreme Court · 1908
- Schott v. SwanSouth Dakota Supreme Court · 1908
- Sherman v. Upton, Inc.South Dakota Supreme Court · 1976