Schievelbein v. Boos

This appeal relates to a retrial of the action, Schievelbein v. Boos, 73 S.D. 527, 45 N.W.2d 453. The action for conversion of an automobile which we held on the prior appeal was illegally levied upon and seized by the sheriff. The trial court held the sheriff liable in conversion, and the sheriff and his bondsman appeal.

On this appeal appellants accept the prior holding that the levy was illegal, but contend that the sheriff should not be held liable as determined by the trial court because of certain stipulations entered into by counsel for the parties, which, appellants assert, operate as…