Murphy v. Eraas
South Dakota Supreme Court
Appeal from Circuit Court, Sanborn County. 'Hon. Frank B. 'Smith, Judge. Action by Paul 'Murphy, against John Eraas, in claim and ■delivery. From a judgment for defendant upon directed verdict, and from an order denying a new trial, plaintiff appeals. (1) To point one of the opinion, Appellant cited: . 6o C. R. 14. (2) To point two, Appellant cited: Code Civ. Proc., Sec. 273, 237; Search v. Miller, 1 N. W. 151.
1Opinion of the CourtMcCOY, J.
Action in replevin. Plaintiff alleged that defendant wrongfully detained ’ two-fifths of 740 bushels of oats and two-fifths of 4,200 bushels of corn, of the value of $1,920, and demanded1 alternative judgment. Defendant in substance alleged that plaintiff was entitled only to the possession of two-fifths of 2,200 bushels of corn, or 880 bushels; that under process in this .action plaintiff took from the possession of defendant 1,460 bushels of corn, being 680 bushels in excess of plaintiff’s share, and that the value thereof was $875. Defendant demanded affirmative judgment for the recovery…
2Cited by3 opinions
- Home Fire & Marine Insurance v. Pan American Petroleum Corp.New Mexico Supreme Court · 1963
- Anderson v. CravenSouth Dakota Supreme Court · 1930
- Latta v. WrightSouth Dakota Supreme Court · 1940