Legal Opinion

People's Sec. Bank v. Sanderson

South Dakota Supreme Court

Decided December 15, 1909PublishedCited by 10 opinions

Appeal from Circuit Court, Lincoln County. Hon. Joseph W. Jones, Judge. Action 'to recover possession- of personal property by the People’s Security Bank of Worthing against Human Sanderson. From a justice’s judgment in favor of defendant, affirmed on appeal to- the circuit court, plaintiff appeals. Justice Code, Sec. i, Art. i, Sub.

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Appeal from Circuit Court, Lincoln County. Hon. Joseph W. Jones, Judge. Action 'to recover possession- of personal property by the People’s Security Bank of Worthing against Human Sanderson. From a justice’s judgment in favor of defendant, affirmed on appeal to- the circuit court, plaintiff appeals. Justice Code, Sec. i, Art. i, Sub. Div. 5. To an action to recover the possession of personal property when the value of such property does exceed the value of one hundred dollars: The value of the property is the test. The Constitution draws the line of the limit of the jurisdiction and prohibits…

1Opinion of the CourtWhiting, J.

This is an- appeal by the plaintiff from a judgment of the circuit court entered in favor of the defendant. The action was instituted by the plaintiff in the justice’s court to recover possession of certain personal property valued in the summons and complaint at $80. The property was taken into 'possession of the sheriff; and n-o rebonding undertaking being *446given, and no exception taken to the sureties, the same was delivered to the plaintiff. The defendant answered, denying generally the allegations’ of the complaint; pleading that he was the owner of 'the property and entitled to its…

2Cases cited17 opinions

  1. In re the Disbarment of BurnetteSupreme Court of Kansas · 1906
  2. Randolph County v. RallsIllinois Supreme Court · 1856
  3. Perry v. TupperSupreme Court of North Carolina · 1874
  4. Farwell v. Colonial Trust Co.Court of Appeals for the Eighth Circuit · 1906
  5. Lyon v. WashburnSupreme Court of Colorado · 1877

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3Cited by10 opinions

  1. Bryan v. MillerNorth Dakota Supreme Court · 1944
  2. Van Diepen v. Van DiepenSouth Dakota Supreme Court · 1950
  3. Matter of Guardianship of SasseSouth Dakota Supreme Court · 1985
  4. Mann v. HvammenSouth Dakota Supreme Court · 1913
  5. City of Arlington v. ButlerSouth Dakota Supreme Court · 1932

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