Brady v. Shirley
South Dakota Supreme Court
Appeal from circuit court, Fall River county, Hon. Levi McGee, Judge. Action in claim and delivery by George W. Brady against Samuel Shirley and another. From a judgment in favor of defendants, and from an order denying a new trial, plaintiff appeals.
Read the full summary
Appeal from circuit court, Fall River county, Hon. Levi McGee, Judge. Action in claim and delivery by George W. Brady against Samuel Shirley and another. From a judgment in favor of defendants, and from an order denying a new trial, plaintiff appeals. The trial court erred in permitting the jury to view and examine the horse in controversy, and divers other horses. 12 Am. & EngEnc. of Law. 368; Dowd v. Guthrie, 13 Bradwell, 653; Com. v. Webster, 5 Cushing, 295, 298; Smith v. State, 42 Tex. 444; Farwell v. Sturgis W. W. Co., 73 N! W. 916; Washburn v. Railway Co., 59 Wis. 365; Hanawalt v.…
1Opinion of the CourtCorson, J.
This *is an action in claim and delivery for the possession of a young horse. Verdict and judgment for the defendants, and the plaintiff appeals.
The horse was claimed b3r both the plaintiff and the defendants, and the case turns upon the question of the animal’s identity. Numerous errors are assigned, only two of which we shall discuss in this opinion, namely, that the court erred in admitting the works of certain veterinary surgeons to be read to the jury, and that the court erred in permitting the jury to examine the horse in question, and divers other horses not in controversy in this…
2Cases cited10 opinions
- People v. HallMichigan Supreme Court · 1882
- People v. MillardMichigan Supreme Court · 1884
- Knoll v. StateWisconsin Supreme Court · 1882
- State v. MorrisSupreme Court of Connecticut · 1879
- Boyle v. StateWisconsin Supreme Court · 1883
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Mueller v. MuellerSouth Dakota Supreme Court · 1974
- Ross v. FossSouth Dakota Supreme Court · 1958
- Western Building Co. v. J. C. Penney Co.South Dakota Supreme Court · 1932
- Schmidt v. NorbeckSouth Dakota Supreme Court · 1922
- Brady v. ShirleySouth Dakota Supreme Court · 1904